Common use of Request for Mediation Clause in Contracts

Request for Mediation. (a) If the Parties are unable to resolve a Dispute through the Negotiation Procedure, a Party (the “Requesting Party”), by Notice to the other Party given within five Business Days after expiry of the period set out in or agreed by the Parties under Section 3.3, may request that the Dispute be mediated through non-binding mediation under this Section 4 by delivering to the other Party a Notice (a “Mediation Notice”) containing a written summary of relevant Information relative to the matters that remain in Dispute and the names of three individuals who are acceptable to the Requesting Party to act as a sole Mediator. (b) Any Mediator must be impartial and independent of each of the Parties, be an experienced commercial mediator, and preferably have experience and knowledge concerning the subject matter of the Dispute. (c) Any mediation commenced under this Mediation Procedure will continue only until the first of the following occurs: (i) the Party in receipt of a Mediation Notice declines to submit to mediation and gives Notice thereof to the Requesting Party; (ii) the Party in receipt of a Mediation Notice fails to send a Mediation Response in accordance with Section 4.1(d); (iii) the Parties are unable to appoint a Mediator within the period allowed by

Request for Mediation. (a) If the Parties are unable to resolve a Dispute through the Negotiation Procedure, a Party (the “Requesting Party”), by Notice to the other Party given within five Business Days after expiry of the period set out forth in or agreed by the Parties under Section 3.3, may request that the Dispute be mediated through non-binding mediation under this Section 4 by delivering to the other Party a Notice (a “Mediation Notice”) containing a written summary of relevant Information relative to the matters that remain in Dispute and the names of three individuals who are acceptable to the Requesting Party to act as a sole Mediator. (b) Any Mediator must be impartial and independent of each of the Parties, be an experienced commercial mediator, and preferably have experience and knowledge concerning the subject matter of the Dispute. (c) Any mediation commenced under this Mediation Procedure will continue only until the first of the following occurs: (i) the Party in receipt of a Mediation Notice declines to submit to mediation and gives Notice thereof to the Requesting Party; (ii) the Party in receipt of a Mediation Notice fails to send a Mediation Response in accordance with Section 4.1(d); (iii) the Parties are unable to appoint a Mediator within the period allowed by

Request for Mediation. (a) If the Parties are unable to resolve a Dispute through the Negotiation Procedure, a Party (the “Requesting Party”), by Notice to the other Party given within five Business Days after expiry of the period set out in or agreed by the Parties under Section 3.3, may request that the Dispute be mediated through non-binding mediation under this Section 4 by delivering to the other Party a Notice (a “Mediation Notice”) containing a written summary of relevant Information relative to the matters that remain in Dispute and the names of three individuals who are acceptable to the Requesting Party to act as a sole Mediator. (b) Any Mediator must be impartial and independent of each of the Parties, be an experienced commercial mediator, and preferably have experience and knowledge concerning the subject matter of the Dispute. (c) Any mediation commenced under this Mediation Procedure will continue only until the first of the following occurs: (i) the Party in receipt of a Mediation Notice declines to submit to mediation and gives Notice thereof to the Requesting Party; (ii) the Party in receipt of a Mediation Notice fails to send a Mediation Response in accordance with Section 4.1(d); (iii) the Parties are unable to appoint a Mediator within the period allowed by (iv) either Party gives Notice to the other Party that it terminates the mediation; (v) the Mediator provides the Parties with a written determination that the mediation is terminated because the Dispute cannot be resolved through mediation; (vi) Section 4.3(d) applies; or (vii) the Dispute is settled as provided in Section 4.4. (d) If the mediation proceeds, within five Business Days after receiving the Mediation Notice the receiving Party shall send a written response to the Mediation Notice (the “Mediation Response”) to the Requesting Party including a summary of Information relating to the matters that remain in Dispute and accepting one of the individuals proposed as Mediator in the Mediation Notice, or proposing another individual or individuals, up to a maximum of three, as Mediator.