Dispute resolution ladder, clause set

19. DISPUTE RESOLUTION

19.1 Negotiation. If a dispute, difference or claim arises out of or in connection with this Agreement, including any question as to its existence, validity, breach or termination (a “Dispute”), either Party may give the other written notice of the Dispute, setting out its nature, the provisions relied on and the relief sought (a “Dispute Notice”). Within 10 Business Days of the Dispute Notice, the contract managers named in Part 1 of Schedule [Schedule number: dispute resolution] shall meet, in person or by video conference, and shall seek to resolve the Dispute. If it is not resolved within 20 Business Days of the Dispute Notice, it is referred to a director of each Party, who shall meet within a further 10 Business Days. If the Dispute is not resolved within 35 Business Days of the Dispute Notice, either Party may proceed under clause 19.2, whether or not the meetings under this clause have taken place and whether or not the other Party has participated. Each Party shall bear its own costs of this clause and all discussions under it are without prejudice.

19.2 Mediation. A Dispute not resolved under clause 19.1 shall be referred to mediation under the Mediation Act 2023, before a mediator agreed between the Parties within 10 Business Days or, failing agreement, a mediator appointed by [the Indian Institute of Arbitration and Mediation / the mediation service provider named in Part 2 of Schedule 16] on the application of either Party. The mediation shall take place at [Place of mediation] or by video conference, in the English language, and the Parties shall share the mediator’s fees and the administrative costs equally, each bearing its own other costs. The Parties shall procure that a person with authority to settle attends. If the Dispute is not resolved within 45 days of the appointment of the mediator, or if either Party gives written notice that it does not wish to continue, or if the other Party has not appointed a representative within 15 Business Days of the referral, either Party may proceed under clause 19.3. Any settlement reached is recorded in a mediated settlement agreement signed by the Parties and authenticated by the mediator, which the Parties acknowledge is enforceable in the manner provided by that Act. the commencement position under that Act on the date of drafting.