Sentences with phrase «mediation and arbitration if»

They are prepared to help you design your collaborative process to include mediation and arbitration if that's the approach you want to choose.

We are equally capable of handling disputes through mediation and arbitration if that is what best serves our clients» needs.

Not exact matches

If ratified, the agreement provides a mediation - arbitration process that will conclude collective agreements for bargaining committees for health care, nursing, support services, and administrative professionals.

Any district court that elects to require the use of alternative dispute resolution in certain cases may do so only with respect to mediation, early neutral evaluation, and, if the parties consent, arbitration.

Given that this Agreement provides for mandatory mediation and arbitration, if any party commences litigation in violation of this provision, such party shall reimburse the other parties to the litigation for the costs and expenses, including attorneys» fees, incurred in seeking to abate such litigation and compel arbitration.

I have come to strongly believe that a mediated settlement is often the best option for clients involved in these disputes and if mediation fails, arbitration can be preferable to a court action.

If it is not possible to resolve the disputes ourselves, then we each agree to resolve those disputes or claims between you and Bootstrap Legal of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of services offered by the Bootstrap Legal, shall be resolved by binding arbitration before Judicial Arbitration and Mediation Services («JAMS»), rather than in a court of general jurisdiction.

Mediation / Arbitration (Med / Arb) is a two - step process whereby the parties first engage in mediation and continue on to arbitration if they can not reach a voluntary aMediation / Arbitration (Med / Arb) is a two - step process whereby the parties first engage in mediation and continue on to arbitration if they can not reach a voluntary amediation and continue on to arbitration if they can not reach a voluntary agreement.

«If the mediator / arbitrator must move to the arbitration phase, it can not be expected that he or she can entirely cleanse the mind of everything learned during the mediation phase, and of every tentative conclusion considered, or even reached, during the mediation phase,» Gray wrote.

If you are a litigator, you'll receive notices of hearings, motions, mediation briefs, arbitrations, settlement conference statements, trial briefs, and a host of different forms of correspondence from everyone involved in the matter.

(2) No person may bring a proceeding in any court, refer the issues in dispute to an arbitrator under section 282 or agree to submit an issue for arbitration in accordance with the Arbitration Act, 1991 unless mediation was sought, mediation failed and, if the issues in dispute were referred for an evaluation under section 280.1, the report of the person who performed the evaluation has been given to the parties.

If s. 35 applies (a point we need not decide) it can be waived and the agreement to engage in «mediation / arbitration» in this case amounted to a waiver.

The Contract was governed by English law and provided for any disputes to go to mediation, or if that failed, arbitration under the LCIA rules in London, England.

There are three main avenues available to you if you choose ADR: collaborative divorce, mediation, and arbitration.

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or

«(a) If the Dispute is not settled by mediation within sixty (60) days of the appointment of the mediator, or such further period as the Parties to the Dispute may otherwise agree in writing, any party to the Dispute may refer the Dispute to, and seek final resolution by, arbitration under the LCIA Rules, which Rules shall be deemed to be incorporated by reference into this Article.

We will encourage you to strive to resolve your divorce issues through collaborative divorce law and arbitration, early neutral evaluation or mediation only if these methods are in your best interest.

If disputes are not settled by negotiation, they will be concluded either by court litigation or by an alternative form of dispute resolution, such as arbitration or mediation, both of which are potentially more expeditious, less costly and out of public view.

Rather, it is established by private contract between the parents and the professional, and involves mediation that can lead up to binding arbitration under the Family Law Act if necessary.

For arbitration cases where mediation might be useful, the parties can employ what is called «blended mediation / arbitration,» in which the third - party neutral acts initially as the mediator to see if the parties can reach an agreement on many disputes and then acts as the arbitrator, deciding the disputes the parties can not agree upon.

We can modify the participation agreement to provide for mediation at stubborn impasse and also set a time line if arbitration is necessary.

If such a dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce («ICC Arbitration Rules&ramediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce («ICC Arbitration Rules&raMediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce («ICC Arbitration Rules»)....

We can offer advice as soon as issues first arise and if required can advise on all types of formal dispute resolution including adjudication, arbitration, court proceedings and mediation.

[70] If the mediator / arbitrator must move to the arbitration phase, it can not be expected that he or she can entirely cleanse the mind of everything learned during the mediation phase, and of every tentative conclusion considered, or even reached, during the mediation phase.

When a mediation is preceded by the submission of a request for arbitration pursuant to the ICC Rules of Arbitration concerning the same parties and the same or parts of the same dispute, the filing fee paid for such arbitration proceedings shall be credited to the administrative expenses of the mediation, if the total administrative expenses paid with respect to the arbitration exceed US$ 7,500.

Should this two - track system be adopted, an ODR provider whose platform offers negotiation, mediation and arbitration services as a continuous process (if negotiations fail, the parties move on to mediation, and if that fails, they move on to arbitration) would have to forewarn consumers that the arbitration stage of the process is or isn't mandatory depending on their country of origin.

This article offers some basic good sense, but frequently confuses mediation and arbitration, or speaks as if they are the same.

This is why ODR systems are usually represented as a three - stage process (negotiation, if that fails, mediation, and if that fails, arbitration or, if the platform is integrated into the state's legal process, judicial intervention).

If mediation does not work, hire a lawyer and present your case for arbitration.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within 60 days of the filing of a «demand for arbitration,» then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. («JAMS») using JAMS» streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of Gigaom consents to in writing.

However, if you and your spouse do not agree and can not reach a marital settlement agreement, the court may recommend that you two attend mediation or arbitration to resolve the issues.

If mediation and arbitration are not successful, you may face a long court battle that can greatly prolong the length of time it will take the court to grant the divorce.

If you and your former partner would like to work together to resolve issues arising from your separation then you may want to consider mediation, arbitration or collaborative law.

If mediation isn't for you, there are other alternatives to court, including collaborative practice and family arbitration.

If this fails, court proceedings may be commenced or you and your spouse may agree to mediation and / or arbitration.

If divorce mediation failed to bring both parties to a successful resolution, you may want to consider arbitration to avoid a costly, stressful, and publicly documented court trial.

If the parties can not reach an agreement, the parties can explore other options for settlement such as mediation, arbitration, private judging and neutral case evaluation, some of which may allow them to stay within the collaborative framework.

The rules of mediation also asked the couple to agree to use a single advisory attorney to implement their decisions and if mediation reached impasse, they were expected to use arbitration.

If you want to avoid the «divorce from hell», Alternative Dispute Resolution (ADR) methods, such as arbitration, mediation, and Collaborative Divorce, have become popular means of settling divorce in a cooperative environment with reduced stress and expense.

If the listing was in your MLS and offered cooperative compensation and the other salesperson is also a REALTOR ®, you can request mediation or file an arbitration claim through your association of REALTORS ®.

If either of the parties rejects the proposed resolution, the mediation procedure will be deemed concluded and the matter will proceed to arbitration.

If Mediation Officers are members of the Grievance Committee, they shall not participate in the consideration of requests for arbitration or ethics complaints arising out of the same facts and circumstances giving rise to a matter they attempted to mediate.

When mediation is voluntary and the mediation attempt is unsuccessful, or if either of the parties wishes to discontinue the mediation process for any reason, then mediation will be terminated and the request for arbitration will be referred to the Grievance Committee for review.

Regardless of whether mediation is voluntary or mandatory, if either party requests that mediation be deferred until after the arbitration request can be reviewed by the Grievance Committee, the arbitration request will be referred to the Grievance Committee for that committee's determination whether (a) an arbitrable issue exists, and (b) whether arbitration would be voluntary or mandatory.Where any party initially declines to mediate pending the Grievance Committee's review of the arbitration request, the parties shall in all instances again be offered the opportunity to mediate following the Grievance Committee's review.

Enforcement: If a member fails to comply with an award or the terms of a mediated settlement agreement, the recipient to whom the award has been rendered by the arbitration panel or the beneficiary of a settlement agreement reached by the parties in mediation, shall be advised by the panel to seek judicial enforcement and request reimbursement of all legal costs incurred in seeking such enforcement.

If both principals (buyer and seller) have signed the optional arbitration agreement in the purchase contract, then, if a dispute arises between them and should mediation fail, they will be required to submit to arbitratioIf both principals (buyer and seller) have signed the optional arbitration agreement in the purchase contract, then, if a dispute arises between them and should mediation fail, they will be required to submit to arbitratioif a dispute arises between them and should mediation fail, they will be required to submit to arbitration.

If the dispute involves a contractual or similar type issue and you are unable to resolve the dispute by speaking with the other party, you can then pursue arbitration or mediation through your local association.