Failure to Mediate Sample Clauses

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Failure to Mediate. If the Parties fail to resolve the dispute through mediation, each Party shall have the right to pursue any other remedies legally available to resolve the dispute, including by way of arbitration or a suit.
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Failure to Mediate. If mediation is unsuccessful, the dispute shall then be referred to binding arbitration. The arbitrator’s decision is final and binding on both parties. The arbitration shall be conducted: • In a location agreed upon by both parties, or in the absence of such agreement, at a location determined by the arbitration body. • In accordance with the rules of a recognised arbitration institution, mutually agreed upon by the parties, or, in the absence of such agreement, in accordance with the rules of a recognised institution determined by the arbitrator. • In a manner that ensures confidentiality, with the results of the arbitration being kept private between the parties involved. The parties agree that the outcomes reached through these alternative dispute resolution methods are binding and that they will abide by the terms agreed upon or determined through these processes.
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Related to Failure to Mediate

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Maintain If the Tenant fails to obtain and maintain Renters Insurance as required under this Agreement, it shall be considered a violation and result in default of this Agreement.