Mediation and Litigation Clause Samples
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Mediation and Litigation. 14.1 If any Dispute has not been resolved pursuant to the provisions of Clause 13.6 within twenty (20) Working Days of the date on which it is referred for resolution under the said clause 13.6, that Dispute may be referred by either Party to a mediator (the “Mediator”) to be agreed between the Parties and if no agreement is reached within ten (10) Working Days (or such longer period as the Parties may agree) a Mediator to be appointed by the Centre for Effective Dispute Resolution in England.
14.2 The Mediator shall determine the rules and procedures by which the mediation shall be conducted save that:
14.2.1 each Party shall be entitled to make a written statement of its case to the Mediator prior to the commencement of the mediation provided that such statement shall be provided to the Mediator and to the other Party not less than 20 days or such other period as may be agreed by the Mediator before the mediation is to commence; and
14.2.2 within 14 days of the conclusion of the mediation the Mediator shall provide a written report to the Parties which report shall set out the nature of the dispute and the nature of its resolution if any.
14.3 The Mediator shall be entitled to be paid his reasonable fee which shall be paid in equal parts by the Parties.
14.4 Other than in respect of emergencies neither Party shall be entitled to commence litigation procedures until the completion of the mediation in accordance with this clause if one of the Parties has chosen to refer the matter to a mediator in accordance with clause 14.1.
14.5 Unless this Agreement has been terminated each Party shall continue to perform its obligations under this Agreement notwithstanding the existence of a Dispute.
Mediation and Litigation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, MTS shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204 and MTS and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorney’s fees and other costs. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against MTS Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against MTS.
Mediation and Litigation. 29.1 If any Dispute has not been resolved pursuant to the provisions of Clause 28.5 within fifteen
Mediation and Litigation. Claims, disputes or other matter in question between parties to this Agreement shall be first subject to pre-suit mediation prior to the filing of any legal claims or litigation. Pre-suit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Agreement. Unless otherwise agreed in writing, CDP shall continue providing the Services hereunder during any mediation or litigation, Either party may initiate a mediation proceeding by submitting a request in writing to the other party within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event after the application statute of limitations has expired. The parties shall endeavor in good faith to mutually agree upon an acceptable mediator. In the event the parties have not agreed upon a mediator within 30 days of the request for mediation, CDP shall select a mediator. Each party is to bear its own fees, costs and expenses, of said mediation. In the event that mediation is unsuccessful, all claims, disputes or other matters in question shall be resolved in State Circuit or District Courts of Franklin County, Kentucky, and the prevailing party shall be entitled to recover its attorney’s fees incurred in said litigation.
Mediation and Litigation. Should any dispute arise out of this Lease, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. Attempts to reach a mediated settlement of disputes shall be completed within thirty (30) days. The requirement for mediation shall not apply to unlawful detainer actions. If litigation is filed regarding any dispute arise under this Lease, the action shall be filed in San Mateo County Superior Court and the court may award reasonable attorney’s fees and costs to the prevailing party.
Mediation and Litigation. SECTION 9 – GENERAL ..............................................................................................................................
Mediation and Litigation. XO and Customer agree to use the dispute resolution procedures set forth in this Article 10.2 in situations where Customer’s annual spend is greater than sixty-thousand dollars ($60,000).
Mediation and Litigation. If good faith efforts by the parties to this Agreement fail to resolve a dispute, each party hereby agrees that they shall submit such unresolved dispute to binding arbitration by a mediator recognized by the Florida Bar Association. Both Owner and Broker agree to waive the right to demand a jury trial concerning any litigation between Owner and Broker.
Mediation and Litigation. All claims not resolved by mediation shall be determined by litigation. The parties agree that venue for such cases shall be in brought in Connecticut Superior Court, Judicial District of Ansonia/Milford at Milford, Connecticut.
Mediation and Litigation. All claims, disputes and other matters in question between District and Consultant shall, in the first instance, be subject to non-binding mediation. Either party may notify the other of a claim or dispute. Within fifteen (15) days after the delivery of such notification, the parties shall appoint a mutually acceptable mediator, and in the event they are unable to agree upon such a mediator, a neutral mediator shall be appointed by JAMS Colorado Office of Dispute Resolution. Within thirty (30) days following the appointment of the mediator, the parties shall participate, in good faith, in mediation proceedings before the appointed mediator to attempt to resolve their claims and disputes. The cost of the mediator shall be borne equally by both parties. District and Consultant further agree to cooperate fully with the appointed mediator’s attempt to resolve the claim or dispute, and also agree that litigation may not be commenced by either party for a period of sixty (60) calendar days from notice of claim or dispute, provided, however, that the other party is proceeding in good faith with the mediation process. This mediation provision may be asserted by either party as grounds for staying such litigation until good faith efforts to mediate have been made, but in no event longer than the foregoing sixty (60) calendar day period. Any and all remaining claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such