Sentences with phrase «disputes by mutual agreement»

Both parties in a dispute are supposed to at least consider mediation before commencing proceedings, but they can circumvent the Pre-Action Protocol for Construction and Engineering Disputes by mutual agreement and routinely do so.

Not exact matches

Any such disputes, claims or controversies that are not resolved by mutual agreement will be resolved by binding arbitration, on an individual basis, to be conducted before JAMS, or its successor.

He made bad grades, got into a series of disputes and left in fourth grade by mutual agreement with a truant officer whose grim visage he still remembers vividly.

There was a dispute as to whether and when Mr Basra had been dismissed, BJSS saying that Mr Basra had resigned, or that his employment had been terminated by mutual agreement on 3rd March, and Mr Basra saying that he had been dismissed.

The EAT also went on to give its view that, in a case where the termination date is agreed but the parties are in dispute as to the nature of the termination (dismissal, resignation or termination by mutual agreement), evidence of pre-termination negotiations should be excluded.

They understand that a dispute resolved on their own terms through mutual agreement will be far easier to live with over time than one resolved by a third - party judge or arbitrator.

If no agreement is reached during direct negotiations or if the dispute is only settled in part the parties can (by mutual agreement) submit the dispute to the Common Market Group (political representatives of member states) to issue a recommendation.

There is also a mechanism for disputes to be referred directly to the Permanent Review Tribunal by mutual agreement.

In the above examples, if the parties wanted arbitration of disputes to be permissive and non-mandatory, they could have clarified their contract by including more explicit language (i.e., «any and all disputes, upon mutual agreement, may be arbitrated» or «with the consent of the other party, either party may commence arbitration»).

-- On August 14, 1993, Ms. Janousek, a pedestrian, was struck by an uninsured vehicle driven by Shawn Montreul — After hitting Ms. Janousek, the vehicle also struck a nearby parking lot fence — The debris from the fence damaged three unoccupied vehicles in the parking lot — These vehicles were insured by Halifax Insurance Company, Canadian Surety Company and Mutual Insurance Company — None of the three vehicles came into contact with Ms. Janousek or the uninsured vehicle — As Ms. Janousek had no automobile insurance of her own to access for payment of accident benefits she submitted a claim for benefits with the Motor Vehicle Accident Claims Fund (MVACF)-- Originally the MVACF accepted the claim but on March 24, 1994 the payments ceased as the Fund believed that one of the three insurance companies should be responsible for the payments — All three companies received an application for accident benefits for Ms. Janousek but denied the claim — The insurance companies were not able to come to an agreement and resolve disputes through mediation — Ms. Janousek then applied for arbitration under the Insurance Act, R.S.O. 1990, c. I. 8.

Private civil justice is founded on private modes of dispute prevention and resolution that are chosen by mutual agreement by the parties concerned in order to prevent an eventual dispute or resolve an existing one.

If a dispute can not be resolved by mutual agreement, FOS will conduct a detailed investigation and may request additional information from either party to gain a holistic understanding of the problem.

It is at the mutual agreement of both you and Drive Smart Driving School with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and / or disputes, arising out of or relating to the TOS, or the relationship between you and Drive Smart Driving School, shall be filed within the courts having jurisdiction within the County of Denton, Texas or the U.S. District Court located in said state.

While issues between REALTORS ® and their clients — e.g., listing broker / seller (or landlord) or buyer broker / buyer (or tenant)-- are subject to mandatory arbitration (subject to the client's agreement to arbitrate), and issues between sellers and buyers may be arbitrated at their mutual agreement, in many cases such issues are resolved in the courts or in other alternative dispute resolution forums (which may also be administered by Boards or Associations of REALTORS ®).