Mediation and Arbitration Contract Clauses (29)

Mediation and Arbitration. All disputes arising or related to this Agreement must exclusively be resolved first by mediation with a mediator selected by the parties, with such mediation to be held in Wilmington, Delaware. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the arbitration proceeding commences, except that (a) Delaware law and the Federal Arbitration Act must govern const...ruction and effect, (b) the locale of any arbitration must be in Wilmington, Delaware, and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator's determination of the merits of the controversy. The exercise of such arbitration rights by any party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction. View More

Mediation and Arbitration. Any controversy or claim arising out of or in relation to this Agreement or the validity, construction or performance of this Agreement, or the breach thereof, shall be resolved by private arbitration before a single arbitrator pursuant to the procedures set forth herein. In selecting a single arbitrator, in the event the parties are unable to reach a mutual decision on the arbitrator within a commercially reasonable time, the Employee and the Company, through their attorneys, shall submit three... names to the Chief Financial Officer/Treasurer of the Company, who in turn, shall place the names on separate sheets of paper of equal dimension, fold and place in a container for selection. The parties may either, within a commercially reasonable period of time, (a) meet in person to select a name out of the container, (b) agree to do the selection through a video feed of the process, or (c) have the Chief Financial Officer/Treasurer turn over the container to an independent third-party at his choosing, who in turn would commence the drawing and then provide the parties with the name of the arbitrator chosen. The parties agree to waive any and all claims or defenses related to the selection of the arbitrator. The parties shall have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The parties agree hereto that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction thereof may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding shall be entitled to recover its reasonable attorneys' fees and expenses. The arbitration award shall be final, binding and non-appealable. The Parties agree to utilize the arbitration rules of the American Arbitration Association for all aspects of the private arbitration. View More