Common use of Informal Dispute Resolution Procedure Clause in Contracts

Informal Dispute Resolution Procedure. Except as set forth below, the parties agree that any dispute arising out of or relating to the employment relationship between them and/or this Agreement, including the termination of that relationship and any disputes as to the enforceability or applicability of this dispute resolution provision, shall be resolved under the following procedures: (a) The party claiming to be aggrieved shall furnish to the other party a written statement of the grievance identifying any witnesses or documents that support the grievance and the relief requested or proposed. (b) If the other party does not agree within five (5) business days after receipt of the statement to furnish promptly the relief requested or proposed, or otherwise does not satisfy the demand of the party claiming to be aggrieved within five business days after receipt of the statement, the parties shall promptly submit the dispute to nonbinding mediation before a mediator to be jointly selected by the parties. The Company will pay the cost of the mediation. (c) If the mediation does not produce a resolution of the dispute within five business days after mediation commences, the parties hereby agree to submit any such dispute, controversy or claim to binding arbitration in conformance with the J*A*M*S/ENDISPUTE Arbitration Rules and Procedures for Employment Disputes (“Employment Rules”) but expressly excluding Rule 20 thereof, and further provided that, notwithstanding Rule 14 thereof, the parties hereby agree that the location of any such arbitration shall be Miami, Florida. (d) The arbitrator shall have the authority to grant any relief authorized by law or in equity; provided, however, that nothing herein shall limit the right of either party to seek temporary injunctive relief from a court of competent jurisdiction. The arbitrator shall not have the authority to modify, change or refuse to enforce the terms of this Agreement. Any relief granted hereunder can be enforced exclusively by a court of competent jurisdiction in Miami-Dade County, Florida. The parties hereby irrevocably submit in any such arbitration suit, action or proceeding to be located in Miami-Dade County, Florida, and waive any and all other forums and objections to such jurisdiction or venue that they may have under the laws of any state or country, including, without limitation, any argument that jurisdiction, situs and/or venue are inconvenient or otherwise improper. The prevailing party in any dispute between the parties, including but not limited to an action to enforce arbitration or an arbitration award, shall be entitled to an award of reasonable attorney’s fees and costs, including costs of arbitration notwithstanding Rule 27 of the Employment Rules. (e) Arbitration shall be the exclusive final remedy for all disputes between the parties, and the parties agree that no dispute shall be submitted to arbitration if the party claiming to be aggrieved has not complied with the preliminary steps in paragraphs (a) and (b) above. (f) Notwithstanding the foregoing, the Company shall have the right to seek equitable relief pursuant to Section 11 in the event of a breach of Section 10 of this Agreement. In such event, the parties hereby irrevocably submit in any such arbitration suit, action or proceeding to be located in Miami-Dade County, Florida, and waive any and all other forums and objections to such jurisdiction or venue that they may have under the laws of any state or country, including, without limitation, any argument that jurisdiction, situs and/or venue are inconvenient or otherwise improper.