Subsequent Proceedings Clause Samples
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Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, legal professional privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication.
7.2 If part or all of the dispute is settled by mediation a disputant may enforce the terms of settlement by judicial proceedings and adduce evidence of the making of the settlement agreement.
7.3 If at the conclusion of the mediation the disputants wish to consider appointing the mediator to determine any unresolved issues as arbitrator or expert, the mediator shall identify to each disputant from whom confidential information was received by the mediator such of that disputant’s confidential information as the mediator considers relevant to the arbitration or expert determination. If the disputants wish to proceed with the appointment, then all disputants shall so appoint the mediator in writing, expressly acknowledging that they have had the opportunity of obtaining legal advice before making the appointment and that they have no objection to the mediator acting as arbitrator or expert and specifying any institutional rules under which any arbitration is to be conducted or the precise questions that are to be the subject of any expert determination. The mediator may decline the appointment if he considers that he is unable impartially to determine any of the unresolved issues. If the mediator accepts the appointment, before taking any steps in the proceeding he must disclose to all disputants any confidential information obtained in the mediation that he considers relevant to the arbitration or expert determination.
7.4 Following the mediation and any arbitration or expert determination conducted by the mediator, the mediator will not act as advocate in nor provide advice to a disputant in relation to any arbitral or judicial proceeding relating to the dispute. No disputant will do anything to cause the mediator to breach this clause.
Subsequent Proceedings. It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings:
(a) any view expressed, or suggestions made, by the other party in respect of the possible settlement of the dispute;
(b) any admissions made by the other party in the course of the mediation;
(c) the fact that the other party had indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator.
Subsequent Proceedings. The negotiations which culminated in this Agreement were an equal effort by both the Company and the Union with equal responsibility for the results. Therefore, in the event the Company is charged or sued because of an alleged equal employment violation arising out of these terms and conditions of this Agreement, on the basis of race, creed, color, age, religion, national origin, sex, disability, veteran status, marital status or Union membership (under state, federal or local laws or regulations), the Union shall be immediately joined as a party to such charge or suit and the Union agrees to defend the Company’s position and bear equally all responsibility and costs that may result from such proceedings.
Subsequent Proceedings. The parties agree that this Letter Agreement may be used as evidence only in a subsequent proceeding to enforce the provisions of this Letter Agreement and/or a subsequent proceeding in which the provisions of this Letter Agreement are a defense to a claim or suit brought against the Company by you.
Subsequent Proceedings. Petition for consideration of parole prior to date set at hearing.
Subsequent Proceedings. In any subsequent proceeding by the OAG to enforce Paragraphs 2 and 3 of this Agreement, RBS agrees not to assert as a defense to the enforcement of these Paragraphs the expiration of the statute of limitations for potential claims based on the Covered Conduct.
Subsequent Proceedings. 9.1 The parties shall not call the Expert to give evidence or to produce documents in any subsequent arbitration or court proceedings arising out of, or in connection with the dispute the subject of the Expert Determination under this Agreement by subpoena or otherwise, and the Expert will not act voluntarily in any such capacity without the written agreement of all the parties.
Subsequent Proceedings. 14.1 The parties will not at any time before, during or after the Evaluation of this dispute, call the Evaluator to testify in any legal or administrative proceeding concerning this dispute or the nature and extent of any agreement(s) that may be reached as a result of the Evaluation.
14.2 The parties will not call for the records, notes or work product of the Evaluator in any legal or administrative proceeding that arises before, during, or after the Evaluation of this dispute. However, any written agreement reached during the course of the Evaluation that is intended by the parties to have legal effect and to be legally enforceable may be subpoenaed, called for, or produced in any proceedings to which it is relevant.
Subsequent Proceedings. The Expert will not accept an appointment as an arbitrator, advocate or adviser to the Principal or the Contractor in any arbitral, judicial or adjudication proceedings relating to a Dispute or any part of a Dispute. Neither the Principal nor the Contractor will take action to cause the Expert to breach this clause 7.
Subsequent Proceedings. Records of evidence given and opinions expressed in mediation and adjudication proceedings in respect of any difference or dispute in connection with the Project or the Works shall not be admissible as evidence in any subsequent proceedings solely on the grounds that they were included in such records. Nevertheless, facts once established and agreed upon by the parties may be recorded and then accepted in later proceedings. No person appointed as Mediator or Adjudicator in respect of any difference or dispute in connection with the Project or the Works may be called to give witness thereon in any subsequent proceedings.