Sentences with phrase «upon by the parties»

No resolution is possible unless some value agreed upon by both parties can be found to which the disputed intrinsic values are relevant.

If mediation is accepted by the certifying agent, such mediation shall be conducted by a qualified mediator mutually agreed upon by the parties to the mediation.

The above chores will be completed by (tween's name) in a timely manner as agreed upon by both parties.

Some of the changes were agreed upon by all parties, such as the reduction in size of the parliament from 386 to 199 and the accompanying redrawing of districts.

Candidates won't outwardly talk about bullet voting since it's frowned upon by party leadership.

Clegg declared that «these are big, big changes», a view expanded upon by Party President Tim Farron who described them as «massive» and «epoch making».

A lawyer for the developers, William Brewer, said it was «disappointing» that it took filing the lawsuit for the city to resume communication and that the developers want «the lease that was previously agreed upon by both parties.»

The primary preference for those seeking a sugar relationship should always be agreed upon by both parties.

After asking for the students» permission to mediate, we would have an open and safe discussion about the causes of actions and reactions and reach an understanding that was agreed upon by all parties.

According to legal guidelines, the method of payment has to be mutually agreed upon by the parties involved with the transactions.

Based on the answers to these questions, a payment plan will be created that is agreed upon by both parties.

The lender will hold the check for a period of time that is agreed upon by both parties, and then deposit the check into your checking account to be reimbursed.

A specific source of repayment must be identified and agreed upon by all parties.

A forward involves an obligation to purchase or sell a specific currency at a future date, which may be any fixed number of days from the date of the contract agreed upon by the parties, at a price set at the time of the contract.

Exceptions must be agreed upon by both parties.

However, the decision agreed upon by parties unfortunately has little substance.

Under Rule 706 of the Federal Rules of Evidence, a court may «appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection.»

581 (2004), where the court held that an arbitrator's failure to state reasons, as required by the rules of the American Arbitration Association agreed upon by the parties, was not considered part of the arbitral procedure.

Also, since the terms of the divorce have been agreed upon by the parties usually there is only need for one court appearance.

Whether the investigator should be someone who is agreed upon by the parties or is unilaterally selected by the employer may depend on past practices relating to such investigations and practical considerations such as the need for a prompt investigation.

If the issues can not be agreed upon by both parties outside of court, an Arizona domestic relations judge will make the decision after conducting a trial.

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

Judge Ahalt has successfully mediated tens of thousands disputes in areas including complex business transactions, construction, personal injury, medical malpractice, real estate, landlord and tenant, and contracts.He is frequently called upon by the parties and judges to mediate the most challenging judicial controversies involving post trial and appellate issues.

Our legal fees are then taken out of that compensation as a percentage agreed upon by both parties.

Such assessments are either ordered by the Court or agreed upon by the parties.

The arbitral tribunal may order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

The Court further relied on what it called a «somewhat relaxed» burden of proof in asbestos cases, thereby minimizing the argument that evidence relied upon by the parties would become stale over the passage of time, another policy reason behind the application of statutes of repose.

In state court, a similar process for alternative dispute resolution is required, but it may take the form of mediation, ENE, binding arbitration or any other method involving a neutral and agreed upon by the parties.

The mediation will be completed within 60 days of the selection of the Mediator unless otherwise agreed upon by the parties in writing.

Justice Pollak found no inconsistencies in the evidence relied upon by the parties and stated the evidence establishes the Plaintiff suffered from minor injuries.

Easson v. Blase was a follow - up costs decision to a custody and access judgment released in July, while Yarananan v. Padathe involved a wife's unsuccessful attempt to extend a fixed end date for spousal support that had been previously agreed upon by the parties and incorporated into a consent court order.

While the Respondent argued that the decision to proceed by special case was a discretionary one to which deference was owed, the Appellants argued that the special case was not appropriate because: the questions posed in the special case rested on a hypothetical assumption that the agreements were valid; necessary facts were not included and not all the facts were agreed upon by the parties; and the parties did not sign the statement of special case as required by Rule 9 - 3 (3)(c).

(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods, unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his having such an opportunity.

It provides protection from start to conclusion after the coverage is agreed upon by both parties.

The value of the monthly payment would depend on the length of the loan, which would have been agreed upon by all parties prior.

The ownership of the item is then passed on to the buyer, and a corresponding price is agreed upon by both parties for which the transfer of ownership of the item will occur.

Visitation is the schedule agreed upon by the parties, or imposed by the court, by which the parties coordinate their respective parenting time with their children.

(2) Unless otherwise freely agreed upon by the parties concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

The application of these principles must be negotiated and agreed upon by both parties before a new relationship can emerge.

Shared parental responsibility plans, otherwise known as Parenting Plans, must be drafted and agreed upon by the parties or the terms ordered by the Court.

In an open adoption the guidelines for contact are laid out in the Post Adoption Contact Agreement and they are agreed upon by all parties involved in the adoption.

any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation services proceeding or dispute resolution program proceeding, including, but not limited to, any memoranda, notes, records, or work product of a mediator, mediation organization, or party; except that a written agreement to enter into a mediation service proceeding or dispute resolution proceeding, or a final written agreement reached as a result of a mediation service proceeding or dispute resolution proceeding, which has been fully executed, is not a mediation communication unless otherwise agreed upon by the parties.

If agreed upon by all parties involved, parents can formulate their own parenting time arrangement to best suit the needs of their family.

Deferring to a neutral third - party, agreed upon by both parties, which might be a stipulation in the custody agreement

At the end of the mediation process, a written agreement will be prepared which will include all the decisions mutually agreed upon by the parties.

The terms of the divorce are agreed upon by the parties rather than imposed upon them by a Court.

Such assessments are either ordered by the Court or agreed upon by the parties.

The final decision must be agreed upon by both parties.

If it is not officially in writing and agreed upon by all parties, then it may be unenforceable.

Not exact matches

Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;