Identification of Matters in Dispute Clause Samples

Identification of Matters in Dispute. At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda. At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.
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Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide to the Mediator and counsel for all parties involved in the mediation an Information Sheet and Request for Mediation identifying the parties to the dispute and their counsel, the nature of the dispute, and setting forth its positions with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to produce all information reasonably required for the Mediator to understand the issues presented. The Mediator may require any party to supplement such information.
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Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving. Mediation: The parties may agree at any time to select a private third-party mediator to assist in the resolution of the issues in dispute. Moreover, any party may unilaterally propose the appointment of a private third-party mediator if the issues in dispute are not fully resolved within 30 calendar days after the initial conference on collaborative problem solving. Any such proposal shall be made in writing and transmitted to the other party. If such a proposal is made, the parties shall confer within five days after the date of that proposal regarding the selection of the mediator. Parties shall seek in good-faith to agree upon a mediator and to resolve the remaining
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Identification of Matters in Dispute. I. The Parties shall comply with the process as required by the mediator with regard to providing the mediator with a memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, or otherwise agreed by the Parties, the Parties may mutually exchange such memoranda. II. At the first session, the Parties will be expected to produce all information reasonably required for the Mediator to understand the issue(s) presented. The mediator may require each Party to supplement such information.
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Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving.
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Related to Identification of Matters in Dispute

  • Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

  • Governing Law, Jurisdiction and Dispute Resolution The rights and obligations of the Parties under the Agreement shall be governed by and construed in accordance with the laws of India. The TDSAT, to the exclusion of all other courts, shall have exclusive jurisdiction in respect of any dispute between the Parties arising out of or in connection with or as a result of this Agreement.