Common use of Process for Resolving Disputes Clause in Contracts

Process for Resolving Disputes. 19.1. The Parties agree to use their best endeavours to resolve any dispute or difference that may arise under this Contract. The following process will apply to disputes: (a) The Party must notify the other if it considers a matter is in dispute. (b) The Relationship managers will attempt to resolve the dispute through direct negotiation. (c) If the Relationship managers have not resolved the dispute within 10 business days of notification or any later agreed date, they will refer it to the Parties’ senior managers for resolution. (d) If the senior managers have not resolved the dispute within 10 business days of it being referred to them, the Parties will refer the dispute to mediation or some other form of alternative dispute resolution agreed by the Parties. 19.2. If a dispute is referred to mediation, the mediation will be conducted: (a) by a single mediator agreed by the Parties or, if they cannot agree, appointed by the Chair of LEADR NZ Inc (b) on the terms of the LEADR NZ Inc. standard mediation contract, and (c) at a fee to be agreed by the Parties or, if they cannot agree, at a fee determined by the Chair of LEADR NZ Inc. 19.3. Each Party will pay its own costs of mediation or alternative dispute resolution under this clause 19 and half the mediator’s fee. 19.4. If there is a dispute, each Party will continue to perform its obligations under this Contract as far as practical given the nature of the dispute. 19.5. Each party agrees not to start any court action over a dispute until it has complied with the process described in clause 19, unless court action is necessary to preserve a Party's rights.

Process for Resolving Disputes. 19.1. The Parties agree to use their best endeavours to resolve any dispute or difference that may arise under this Contract. The following process will apply to disputes: (a) The Party must notify the other if it considers a matter is in dispute. (b) The Relationship managers will attempt to resolve the dispute through direct negotiation. (c) If the Relationship managers have not resolved the dispute within 10 business days of notification or any later agreed date, they will refer it to the Parties’ senior managers for resolution. (d) If the senior managers have not resolved the dispute within 10 business days of it being referred to them, the Parties will refer the dispute to mediation or some other form of alternative dispute resolution agreed by the Parties. 19.2. If a dispute is referred to mediation, the mediation will be conducted: (a) by a single mediator agreed by the Parties or, if they cannot agree, appointed by the Chair of LEADR NZ Inc (b) on the terms of the LEADR NZ Inc. standard mediation contract, and (c) at a fee to be agreed by the Parties or, if they cannot agree, at a fee determined by the Chair of LEADR NZ Inc. 19.3. Each Party will pay its own costs of mediation or alternative dispute resolution under this clause 19 and half the mediator’s fee19. 19.4. If there is a dispute, each Party will continue to perform its obligations under this Contract as far as practical given the nature of the dispute. 19.5. Each party agrees not to start any court action over a dispute until it has complied with the process described in clause 19, unless court action is necessary to preserve a Party's rights.