Mutually Agreed Upon Dispute Resolution Procedure Clause Samples

The Mutually Agreed Upon Dispute Resolution Procedure clause establishes a process by which both parties agree in advance on the methods and steps to resolve any disputes that may arise under the contract. Typically, this involves specifying procedures such as negotiation, mediation, or arbitration, and may outline timelines, the selection of mediators or arbitrators, and the location for proceedings. By setting out a clear, agreed-upon framework for resolving disagreements, this clause helps prevent costly litigation and ensures that disputes are handled efficiently and fairly.
Mutually Agreed Upon Dispute Resolution Procedure. If after forty-five (45) calendar days from the first negotiation session, agreement has not been reached on all items under negotiation, either party may call for the services of the Federal Mediation and Conciliation Service (FMCS) to assist in negotiations. If either party calls for FMCS involvement, the other party shall join in the request.
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Mutually Agreed Upon Dispute Resolution Procedure. 1. If agreement is not reached, either party may declare a bargaining impasse at any time after June 1st of the year in which the Agreement expires, unless the parties agree to an earlier date. 2. Either party may contact the Federal Mediation and Conciliation Service and request the assistance of a Federal Mediator in accordance with their rules and regulations. Costs which may be incurred in procuring and utilizing the service of a Federal Mediator shall be shared by the Board and the Union equally. 3. The Federal Mediator shall have full jurisdiction over the scheduling and conduct of negotiations meetings. 4. Mediation, as described in this Article, constitutes the parties’ mutually agreed upon and exclusive dispute settlement procedure and shall operate in lieu of any and all of the dispute settlement procedures set forth in the Ohio Revised Code. This Article does not diminish or preclude the right to strike.
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Mutually Agreed Upon Dispute Resolution Procedure. 1. If agreement is not reached on matters being negotiated at any time within forty- five (45) days of the expiration date of this Agreement (or at any later time), either party may declare impasse and request that an impartial mediator be appointed. When impasse is so declared, the Federal Mediation and Conciliation Service shall be requested to appoint a mediator, and the selection shall be in accordance with the rules of the Federal Mediation and Conciliation Service. 2. The Mediator shall have the right to hold meetings with the negotiating parties in seeking to affect a resolution to the disagreement(s) in accordance with the rules and regulations of the FMCS. 3. This impasse procedure is the parties’ alternative dispute resolution procedure and is intended to supersede the statutory procedures contained in O.R.C. §4117.14.
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Mutually Agreed Upon Dispute Resolution Procedure. If agreement is not reached by thirty (30) days prior to expiration of this contract, either party may declare a bargaining impasse whereupon the parties shall jointly request the services of a mediator from the Federal Mediation and Conciliation Service.
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Mutually Agreed Upon Dispute Resolution Procedure. ‌ 1. Either negotiation team may call for the selection of a mediator when it determines an impasse has been reached in the negotiation proceedings or at the expiration of the agreed- to negotiations period. The mediator may be selected by agreement of the negotiations teams. If agreement on selection of a mediator is not reached within five (5) days after the call for mediation, the Federal Mediation and Conciliation Service shall be contacted to appoint a mediator. The cost and expense of a mediator shall be shared equally by the Board and the Association. 2. In the event the members of the Joint Negotiations Committee are unable to reach agreement within ten (10) days of the expiration of the existing Agreement, then the Exclusive Representative shall have the right to proceed in accordance with O.R. C. §§ 4117.14(D)(2) and 4117.18(C).
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Mutually Agreed Upon Dispute Resolution Procedure. 4.05.1 If agreement is not reached during negotiations, either party may call for the services of the Federal Mediation and Conciliation Service (FMCS), or a mutually appointed third party, to assist in negotiations. If a party calls for FMCS involvement, the other party shall join in a joint request. Both parties agree that this procedure is the final step in the dispute settlement procedure. 4.05.2 This dispute resolution procedure is mutually agreed to by the parties under O.R.C. 4117.14(C)(1)(f) and is intended to supersede the statutory fact-finding process. 4.05.3 The mediation period shall be thirty (30) days from the date of the first mediation session. 4.05.4 In the event the parties have been unable to reach agreement after the thirty (30) day mediation period, the Association shall have all rights to strike under the full statutory provisions of O.R.C. 4117.
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Mutually Agreed Upon Dispute Resolution Procedure. Following a reasonable period of good faith bargaining, either party may declare impasse. Within five (5) days of the declaration of impasse, the parties will arrange for the services of a mediator from the Federal Mediation and Conciliation Service (FMCS). The parties will meet and confer with the mediator from FMCS for the purpose of trying to resolve the impasse as to all outstanding issues. The mediator shall not have the authority to bind the parties to a particular provision or set of provisions. If the impasse is not resolved following mediation, either party may distribute a status report concerning the negotiations. Following mediation, the Union may conduct a full day, every day strike. The Union agrees that it will not conduct a “partial strike.” Employees in the bargaining unit shall not receive compensation from the Board of Education during the period of a strike.
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Related to Mutually Agreed Upon Dispute Resolution Procedure

  • Dispute Resolution Procedure Any disputes regarding this clause or any matter relating to the use of an electronic access control system shall be dealt with under clause 11 - Disputes Resolution Procedure.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute. (b) If the Receiver and the Assuming Institution fail to resolve any outstanding SF Shared-Loss Dispute Items by the Resolution Deadline Date, then either party may notify the other of its intent to submit the SF Shared-Loss Dispute Item to arbitration pursuant to the provisions of this Article VII. Failure of either party to submit pursuant to paragraph (c) hereof any unresolved SF Shared-Loss Dispute Item to arbitration within thirty (30) days following the Resolution Deadline Date (the date on which such thirty (30) day period expires is herein called the “Arbitration Deadline Date”) shall extinguish that party’s right to submit the non-submitted SF Shared-Loss Dispute Item to arbitration, and constitute a waiver of the submitting party’s right to dispute such non-submitted SF Shared-Loss Dispute Item (but not a waiver of any similar claim which may arise in the future). (c) If a SF Shared-Loss Dispute Item is submitted to arbitration, it shall be governed by the rules of the American Arbitration Association (the “AAA”), except as otherwise provided herein. Either party may submit a matter for arbitration by delivering a notice, prior to the Arbitration Deadline Date, to the other party in writing setting forth: (i) A brief description of each SF Shared-Loss Dispute Item submitted for arbitration; (ii) A statement of the moving party’s position with respect to each SF Shared-Loss Dispute Item submitted for arbitration; (iii) The value sought by the moving party, or other relief requested regarding each SF Shared-Loss Dispute Item submitted for arbitration, to the extent reasonably calculable; and (iv) The name and address of the arbiter selected by the moving party (the “Moving Arbiter”), who shall be a neutral, as determined by the AAA. Failure to adequately include any information above shall not be deemed to be a waiver of the parties right to arbitrate so long as after notification of such failure the moving party cures such failure as promptly as reasonably practicable. (d) The non-moving party shall, within thirty (30) days following receipt of a notice of arbitration pursuant to this Section 7.1, deliver a notice to the moving party setting forth: (i) The name and address of the arbiter selected by the non-moving party (the “Respondent Arbiter”), who shall be a neutral, as determined by the AAA; (ii) A statement of the position of the respondent with respect to each Dispute Item; and (iii) The ultimate resolution sought by the respondent or other relief, if any, the respondent deems is due the moving party with respect to each SF Shared-Loss Dispute Item. Failure to adequately include any information above shall not be deemed to be a waiver of the non-moving party’s right to defend such arbitration so long as after notification of such failure the non-moving party cures such failure as promptly as reasonably practicable (e) The Moving Arbiter and Respondent Arbiter shall select a third arbiter from a list furnished by the AAA. In accordance with the rules of the AAA, the three (3) arbiters shall constitute the arbitration panel for resolution of each SF Loss-Share Dispute Item. The concurrence of any two (2) arbiters shall be deemed to be the decision of the arbiters for all purposes hereunder. The arbitration shall proceed on such time schedule and in accordance with the Rules of Commercial Arbitration of the AAA then in effect, as modified by this Section 7.1. The arbitration proceedings shall take place at such location as the parties thereto may mutually agree, but if they cannot agree, then they will take place at the offices of the Corporation in Washington, DC, or Arlington, Virginia. (f) The Receiver and Assuming Institution shall facilitate the resolution of each outstanding SF Shared-Loss Dispute Item by making available in a prompt and timely manner to one another and to the arbiters for examination and copying, as appropriate, all documents, books, and records under their respective control and that would be discoverable under the Federal Rules of Civil Procedure.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.