The mediation clause requires that parties attempt to resolve disputes through a neutral third-party mediator before pursuing litigation or arbitration. This process fosters open communication and aims to reach a mutually satisfactory agreement, minimizing time and legal costs.
The Transferor and the Servicer agree to participate in the dispute resolution method selected by the Requesting Party. (b) If the Requesting Party selects mediation for dispute resolution: (i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 2.10(b), the procedures in this Section 2.10(b) will control. (ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (iii) The mediation will start within fifteen (15) Business Days after the selection of the mediator and conclude within thirty (30) days after the start of the mediation. (iv) Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation. (v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Redesignation Request to arbitration under this Section 2.10.
MEDIATION AND ARBITRATION AGREEMENT Dear Amesite Employee, Although Amesite hopes that employment disputes with its employees will not occur, Amesite believes that when these disputes do arise, it is in the mutual interest of all concerned to handle them promptly and with a minimum of disturbance to the operations of Amesite's businesses and the lives of its employees. Accordingly, to provide for more expeditious resolution of certain employment-related disputes that may arise between Amesite and its employees, Amesite has instituted a mandatory mediation and arbitration procedure (the “Amesite Mediation and Arbitration Procedure” or the “Procedure”) for all employees. Under the Procedure, certain disputes that may arise from your employment with Amesite or the termination of your employment must (after appropriate attempts to resolve your dispute internally through Amesite management channels) be submitted for resolution by non-binding mediation and, if necessary, mandatory arbitration.
In agreeing to submit certain employment disputes for resolution by private mediation and (if necessary) arbitration, you acknowledge that this Agreement is given in exchange for rights to which you are not otherwise entitled – namely, your employment as an Amesite employee and the more expeditious resolution of employment disputes. In exchange for your agreement to submit these disputes to mediation and (if necessary) binding arbitration, Amesite likewise agrees to the use of mediation and arbitration as the exclusive forum for resolving employment disputes covered by this Agreement.
The Amesite Mediation and Arbitration Procedure 1. As a condition of your employment at Amesite, you agree that any controversy or claim arising out of or relating to your employment relationship with Amesite or the termination of that relationship, must be submitted for non-binding mediation before a third-party neutral and (if necessary) for final and binding resolution by a private and impartial arbitrator, to be jointly selected by you and Amesite. a. Claims Covered: This agreement to submit to mediation and (if necessary) arbitration: i. Covers any dispute concerning the arbitrability of any such controversy or claim; and ii. Includes, but is not limited to, any claim that could be asserted in court or before an administrative agency or claims for which the employee has an alleged cause of action, including without limitation claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, discrimination based on sex, pregnancy, race, national or ethnic origin, age, religion, creed, marital status, sexual orientation, mental or physical disability or medical condition or other characteristics protected by statute) claims for wrongful discharge; violations of the Family and Medical Leave Act (FMLA); violations of confidentiality or breaches of trade secrets; and/or claims for violation of any federal, state or other governmental law, statute, regulation or ordinance, and whether based on statute or common law; and iii. All those claims whether made against Amesite, any of its subsidiary or affiliated entities or its individual officers or directors (in an official or personal capacity). b. Claims Not Covered: Claims covered by this Agreement do not include: i. A claim for workers' compensation benefits; ii. A claim for unemployment compensation benefits; iii. A claim under the National Labor Relations Act (NLRA), as amended;
Nonbinding Mediation: If efforts at informal resolution fail, disputes arising under this Agreement must first be submitted for non-binding mediation before a neutral third party. Mediation is an informal process where the parties to a dispute meet in an attempt to reach a voluntary resolution, using the third party as a facilitator. Mediation shall be conducted and administered by the American Arbitration Association (AAA) under its Employment Mediation Rules, which are incorporated into this Procedure by reference; or other applicable rules.
Any mediation or arbitration conducted under this Agreement shall take place in Michigan unless an alternative location is chosen by the mutual agreement of the parties. The arbitrator shall render a decision and award within 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and the basis for the award.
The Amesite Arbitration and Mediation Procedure does not in any way alter the atwill employment status of Amesite employees. Amesite and its employees are always free to terminate the employment relationship at any time for any lawful reason and employment is not for any specific or definite duration.
This Agreement sets forth the complete agreement of the parties on the subject of mediation and arbitration of the covered claims defined above and supersedes any prior or contemporaneous oral or written understanding on these subjects. No party is relying on any representations, oral or written, on the subject or the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Procedure.
Any dispute arising from the performance of this contract shall be settled by both parties through friendly negotiation, or through mediation by a third party. If negotiation or mediation fails, a lawsuit may be brought to the people's court where Party B is located according to law.
Unity very much needs its mediation solution in the market, and there are no guarantees about the deal closing. Therefore we will continue full-steam ahead to bring our mediation solution for both our customers and our benefit.
Mediation. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced until the matter has been submitted to the American Arbitration Association (“AAA”) for mediation. Either party may commence mediation by providing to AAA and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with AAA and with one another in selecting a mediator and in scheduling the mediation proceedings. The mediation will be conducted in accordance with the Commercial Mediation rules of the AAA. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to (i) preserve the status quo pending the completion of that process; or (ii) prevent disclosure of Confidential Information or misuse of intellectual property. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action if the parties so desire. The provisions of this Section may be enforced by any court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all reasonable costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Any dispute arising hereunder that is not settled through mediation, shall be settled by mandatory binding arbitration as described in this Section. However, nothing in this Section or elsewhere in this Agreement is intended to imply that an arbitration proceeding must be initiated by MPH as a precondition to exercising termination rights. Any arbitration shall be conducted by the Judicial Arbitration and Mediation Service (“JAMS”). A panel of three arbitrators shall administer the arbitration in the city with a population of at least 300,000 that is closest to the Property. The Member wishing to initiate arbitration must file a request for arbitration with JAMS and pay JAMS’ initial administration fee deposit in full. In addition, where Owni is initiating the arbitration after receiving a Notice of Alleged Violation, Owni must provide as a Notice to Investor: (i) a description of each respect in which Owni disagrees with any part of the Notice of Alleged Violation, including the specified Cure Actions; and (ii) if the Notice of Alleged Violation alleges nonpayment of a Total Monthly Payment, proof that payment has been made in full under protest. No Member will be deemed to have initiated arbitration unless and until they have fulfilled each of the requirements described in the preceding sentences. The pendency of an arbitration proceeding shall not preclude MPH from sending additional Notices of Alleged Violation under this Agreement or any related agreements.
Mediation The parties signing below shall participate in mediation of any dispute arising under this Agreement. Should the parties be unable to agree on the nomination of a mediator, third party representatives (legal or otherwise) of each of the parties shall discuss in good faith and mutually appoint the mediator of the dispute. The mediator shall be a lawyer specializing in employment law, with at least five (5) years of related experience. The mediation shall be held at a neutral site , to be determined by the mediator, and shall commence with one party’s petition to the FMCS. The mediation shall be conducted in accordance with rules as determined by the mediator. In no event shall the preceding sentence be construed as requiring the mediator to impose rules of any kind on the parties, and the mediator shall be free to conduct the mediation as he or she deems just and proper. The cost of the mediation services shall be borne by Commtouch. Each party shall pay for its own costs associated with its attendance at the mediation. At least seven (7) business days before the date of the mediation, each side shall provide the mediator with a statement of its position and copies of all supporting documents.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in Paragraph 4 below. The place of mediation/arbitration shall be at a location that is mutually agreed upon by both parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (a) Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. (b) The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. (c) All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. (d) Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
Mediation is a form of alternative dispute resolution (ADR) that involves a neutral third party, known as a mediator, who helps disputing parties communicate and negotiate to reach a voluntary and mutually acceptable resolution. The process is typically informal, confidential, and aimed at fostering collaboration and understanding between parties.
Mediation can be beneficial in a variety of situations, including:
A mediation clause is a component of a contract that outlines the agreement of the parties to attempt mediation before pursuing other legal remedies. When writing a mediation clause, consider including the following elements:
Example Mediation Clause:
“In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through mediation administered by [Mediation Organization] under its rules before resorting to arbitration or litigation. The mediator will be selected by mutual agreement of the parties. The mediation shall commence within [number] days of a written request for mediation by either party.”
Mediation clauses are common in various types of contracts, including:
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