Common use of Mediation Procedure Clause in Contracts

Mediation Procedure. If a dispute or disagreement arises in relation to any matter under this lease, the parties must endeavour to resolve the matter in accordance with the following mediation procedure: 31.3.1 a party may start mediation by serving notice on the other party; 31.3.2 the notice must state that a dispute has arisen and identify what the dispute is; 31.3.3 the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 5 Business Days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator; 31.3.4 once the mediator has accepted the appointment, the parties must comply with the mediator's instructions; and 31.3.5 if the dispute is not resolved within 28 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases. A party is not bound to follow the procedures set out in this clause 31 where to do so means that a limitation period for a cause of action relevant to the issues in dispute will expire.

Appears in 4 contracts

Sources: Lease Agreement, Lease Agreement, Lease

Mediation Procedure. If a dispute or disagreement arises in relation to any matter under this lease, the parties must endeavour endeavor to resolve the matter in accordance with the following mediation procedure: 31.3.1 a party may start mediation by serving notice on the other party;. 31.3.2 the notice must state that a dispute has arisen and identify what the dispute is;. 31.3.3 the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 5 Business Days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator;. 31.3.4 once the mediator has accepted the appointment, the parties must comply with the mediator's instructions; and 31.3.5 if the dispute is not resolved within 28 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases. A party is not bound to follow the procedures set out in this clause 31 where to do so means that a limitation period for a cause of action relevant to the issues in dispute will expire.

Appears in 1 contract

Sources: Lease

Mediation Procedure. If a dispute or disagreement arises in relation to any matter under this lease, the parties must endeavour to resolve the matter in accordance with the following mediation procedure: 31.3.1 27.3.1 a party may start mediation by serving notice on the other party; 31.3.2 27.3.2 the notice must state that a dispute has arisen and identify what the dispute is; 31.3.3 27.3.3 the parties must jointly request appointment of a mediator. If the parties fail to agree on the appointment within 5 Business Days of service of the mediation notice, either party may apply to the President of the Law Institute of Victoria or the nominee of the President to appoint a mediator; 31.3.4 27.3.4 once the mediator has accepted the appointment, the parties must comply with the mediator's ’s instructions; and 31.3.5 27.3.5 if the dispute is not resolved within 28 days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases. A party is not bound to follow the procedures set out in this clause 31 27 where to do so means that a limitation period for a cause of action relevant to the issues in dispute will expire.

Appears in 1 contract

Sources: Lease (Land and Building)