Resolution of Disputes between Parties Clause Samples
Resolution of Disputes between Parties. 12.1 If a dispute arises out of this Contract the Parties will use best endeavours to settle the dispute by negotiation. Discussions will take place between the representatives of The Purchaser and the Provider.
12.2 If the dispute cannot be resolved at this level then either Party may request the other to participate in a meeting of their respective senior managers, in order to discuss the dispute and to agree a strategy to resolve it.
12.3 In the event that the dispute is not resolved by negotiations within 20 Working Days the Parties shall, before resorting to arbitration proceedings, attempt to resolve the dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
12.4 If the Parties fail to resolve their dispute by mediation, then either Party may serve notice on the other to require the dispute to be referred to arbitration in accordance with the Arbitration Acts 1950 and 1996 or to the courts.
12.5 The Parties agree that if an arbitrator is appointed under clause 12.4 then:
12.5.1 The decision of the arbitrator will be final and binding on the Parties in the absence of manifest error;
12.5.2 The arbitrator will not have exclusive jurisdiction on questions of construction of law;
12.5.3 Each of the Parties will bear one half of the costs of the reference to the arbitrator unless the arbitrator directs otherwise.
12.6 For the avoidance of doubt, the use of the disputes procedure will not delay, or take precedence over, any use of the default or termination procedures.
Resolution of Disputes between Parties. 27.1 The Purchaser and the Provider shall seek to work together in the spirit of mutual cooperation in order to meet the best interests of the Children placed under this Contract. The Purchaser and the Provider shall use their best endeavours to resolve by agreement any dispute arising between them and shall negotiate in good faith at all times.
27.2 In order to resolve a dispute, either Party may use the following procedure: -
27.2.1 request a meeting between representatives of both Parties within 10 working days, or such other period as agreed between the Parties;
27.2.2 if the dispute remains unresolved after the meeting referred to in sub clause 27.2.1 then a further meeting involving senior representatives of the Parties may be requested within a further 10 working days, or such other period as agreed between the Parties;
27.2.3 if the dispute is still not resolved after the meeting referred to in sub clause 27.2.2 then the matter shall be referred to independent mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedures, as soon as reasonably practicable. The mediator shall be an individual(s) agreeable to both Parties. The mediator’s reasonable charges incurred by this shall be shared equally between the Parties;
27.2.4 if the matter cannot be satisfactorily resolved through mediation, it may be referred to an independent arbitrator who is agreed between both Parties, or in default of agreement, nominated by the President of the Institute of Arbitrators. The arbitrator shall be entitled to make such decision or award as he/she thinks just and equitable having regard to the circumstances then existing;
27.2.5 the decision of the arbitrator (including as to costs) shall be final and binding upon both Parties except in the case of manifest error.
Resolution of Disputes between Parties a. If you and PASSTIME have a disagreement related to PASSTIME service, both parties will try to resolve disputes directly, without resort to legal process (litigation, arbitration, and/or mediation). If the parties cannot resolve dispute, both parties agree, to the fullest extent permitted by law, to solve such disputes via binding arbitration, NOT lawsuits (except for small claims court cases) to resolve the dispute.
b. Arbitration shall be conducted under commercial rules (and, where applicable, wireless industry arbitration rules) for arbitration by the American Arbitration Association through its offices in Denver, Colorado, USA. Denver shall be the site for any such arbitration process.
c. If for some reason these arbitration requirements do not apply, or a claim proceeds in small claims court, PASSTIME and you each waive any trial by jury.
Resolution of Disputes between Parties a. If you and PASSTIME have a disagreement related to PASSTIME service, both parties will try to resolve disputes directly, without resort to legal process (litigation, arbitration, and/or mediation). If the parties cannot resolve dispute, both parties agree, to the fullest extent permitted by law, to solve such disputes via binding arbitration to resolve the dispute.
b. Arbitration shall be conducted under commercial rules (and, where applicable, wireless industry arbitration rules) for arbitration by the American Arbitration Association through its offices in Denver, Colorado, USA. Denver shall be the site for any such arbitration process.
c. If for some reason these arbitration requirements do not apply, or a claim proceeds in small claims court, PASSTIME and you each waive any trial by jury.
Resolution of Disputes between Parties. OBJECTIVE AND SCOPE Article 3.1. Objective
Resolution of Disputes between Parties. In the event of a claimed breached of this Letter Agreement or a dispute between the parties arising out of this Letter Agreement, at the request of either the Chairman of the Navajo Nation or the President of APS, each of the parties shall submit to a compulsory minitrial for the resolution of any such claim or dispute. The purpose of the minitrial is to inform management representatives for the parties of the theories, strengths and weaknesses of the parties' respective positions so that the parties may amicably resolve the claim or dispute at issue.
A. Business representatives of each of the parties empowered to decide the issues shall attend the minitrial to be conducted for one business day within 60 days after written notice of the claim or dispute is delivered to the other party at a mutually convenient location. In addition, an individual mutually selected by counsel for the parties will attend as a "neutral advisor."
B. The fees and expenses of the neutral advisor shall be borne equally by the parties. Each of the parties shall otherwise pay its own costs.
C. The neutral advisor shall be provided with copies of this Letter Agreement. Neither of the parties nor anyone on its behalf shall unilaterally approach, contact or communicate with the neutral advisor after his or her selection.
D. Shortly after appointment of the neutral advisor, each of the parties shall in good faith attempt to agree to produce documents requested by the other party in as expeditious a manner as possible. The production of documents shall be subject to the successful negotiation by the parties of an acceptable arrangement regarding the protection of proprietary or other confidential information. In the event that after the minitrial the parties submit their dispute to litigation as provided in Subsection I below, the parties shall in good faith attempt to agree to the entry of an appropriate protective order with respect to the documents produced. The ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Zah March 8, 1985 Page 8 The neutral advisor will be required to be a party of any confidentiality agreement or protective order.
E. Shortly after appointment of the neutral advisor, mutually agreed upon source material will be jointly sent to the neutral advisor to assist him/her in familiarizing him/herself with the basic issues of the case. Seven days before the minitrial is to be held, the parties shall exchange all exhibits they plan to use at the minitrial. Shortly before the scheduled minitrial, if t...
Resolution of Disputes between Parties. 14.1 If a dispute arises out of this Contract the Parties will use best endeavours to settle the dispute by negotiation. Discussions will take place in good faith between the representatives of the Purchaser and the Provider.
14.2 If the dispute cannot be resolved at this level then either Party may request the other to participate in a meeting of their respective senior managers, in order to discuss the dispute and to agree a strategy to resolve it.
14.3 In the event that the dispute is not resolved by negotiations within 20 Working Days the Parties shall, before resorting to arbitration proceedings, attempt to resolve the dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR)
Resolution of Disputes between Parties. 12.1 The Authority and the Provider shall liaise closely in the management of the Contract,
12.2 The Authority and Provider shall use their best endeavours to resolve by Agreement any dispute, disagreement or point of discord between them.
Resolution of Disputes between Parties. This IAA is for the purpose of improving the servicing process and disposition of USDA guaranteed loan portfolios under the supervision of FDIC. Nothing within this IAA alters the legal rights of either party pursuant to signed agreements between the FSA and any FSA Lender for which FDIC serves as Receiver. Nothing within this IAA alters the legal rights of either party pursuant to signed agreements between the RD and any RD Lender for which FDIC serves as Receiver. This IAA does not create any legal rights or obligations on the part of any third parties. FDIC and USDA shall attempt to resolve all disputes or disagreements regarding this IAA through the Points of Contact listed in Section VII.
Resolution of Disputes between Parties. 29.1 The Contracting Authority and the Provider shall seek to work together in the spirit of mutual cooperation in order to meet the best interests of the Children placed under this Agreement. The Contracting Authority and the Provider shall use their best endeavours to resolve by agreement any dispute arising between them and shall negotiate in good faith at all times.
29.2 In order to resolve a dispute, either Party may use the following procedure:
29.2.1 Request a meeting between representatives of both Parties within 10 working days, or such other period as agreed between the Parties. At this preliminary stage the meeting should be attended by the appropriate social workers, Registered Manager and Contracting Authority Team Manager.
29.2.2 If the dispute remains unresolved after the meeting referred to in sub clause 29.2.1 then a further meeting involving senior representatives of the Parties may be requested within a further 10 working days, or such other period as agreed between the Parties. At this stage the meeting should also be attended by the Provider’s Responsible Individual and the Contracting Authority’s Service Manager. Appointed Contract Managers for both parties should also attend or send their nominated representatives.
29.2.3 If the dispute remains unresolved after the meeting referred to in sub clause 29.2.2 then a further meeting may be requested within a further 10 working days, or such other period as agreed between the Parties. This meeting should include the Director of Children’s Services for the Contracting Authority and a Director for the Provider. Directors may send nominated Senior Managers with delegated authority to make any necessary decisions. Senior leaders will work together to resolve the dispute, making a final decision in the best interests of the Child.
29.2.4 If the dispute is still not resolved within 10 working days of the meeting referred to in sub clause 29.2.3 then the matter shall be referred to independent mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedures, as soon as is reasonably practicable. The mediator shall be an individual(s) agreeable to both Parties. The parties shall bear their own legal costs of the dispute resolution procedure but the costs and expenses of mediation shall be shared equally between the Parties.
29.2.5 If, at any stage of the above process, either party has reason to believe that a delay in resolving the dispute could result in...