Massachusetts Clauses Requiring Referrals of Dispute to Senior Management of Venture Partners
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Any dispute arising out of or in connection with this contract shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment.
A sample clause which provides for negotiation follows. NEG 1 In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement.
Notes: This clause creates an obligation to refer a dispute to proceedings under the ICC Mediation Rules. It is designed to ensure that when a dispute arises, the parties will attempt to settle the dispute using proceedings under the Rules.
The dispute resolution clause(s) must provide certainty and set out a clear mechanism for the resolution of a dispute. They need to be more than an agreement to agree to resolve any dispute. They should provide some detail about the dispute resolution process and how this will be undertaken.
Sample Mediation Clause The parties agree that any dispute or controversy, arising out of or in connection with this Agreement or any alleged breach thereof, shall be subject to mediation if all parties agree thereto.
Arbitration: a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome.
Sample Mediation Clause If the parties mutually agree to submit to Mediation, any such Mediation shall be administrated by National Arbitration and Mediation (?NAM?) and governed by their Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule in effect at the time such claim is filed with NAM.
Any type of "community dispute" can be resolved through mediation. Some examples include neighbor, employment, consumer, school, roommate or group conflicts. Privacy - All discussions during the mediation are confidential. The parties reach their own solution - The mediator will not impose a solution on the parties.
