DISPUTE RESOLUTION POLICY
A process for resolving differences between two or more parties or groups. In business practice the resolution seeks to achieve fairness for all participants, and is often moderated by a third party.
This Dispute Resolution Policy is designed to address:
1. Disputes among employees of AGRI-SENSE INTERNATIONAL
2. Disputes between AGRI-SENSE INTERNATIONAL and clients
This policy supplements, but does not replace, any requirements related to dispute resolution contained in any contract between the individual/entity and AGRI-SENSE INTERNATIONAL. To the extent that a provision in the Contract conflicts with this policy, the provision in the initial Contract will prevail.
In the interest of resolving disputes between you and AGRI-SENSE INTERNATIONAL in the most expedient and cost effective manner, you and AGRISENSE INTERNATIONAL agree that every dispute arising in connection with the Terms of Service (the “Terms”) will be resolved by:
I. Informal Dispute Resolution
In the event of a dispute between Participants, AGRI-SENSE INTERNATIONAL and the parties to the Dispute shall first attempt to resolve the Dispute on an informal basis as follows:
Issuance of Dispute Resolution Notice. The party invoking this Dispute Resolution Policy shall deliver a written notice to the other party or parties (a “Dispute Notice”) that includes a description of the issue under Dispute and a proposed resolution. The Dispute Notice shall include sufficient details regarding the Dispute and the proposed resolution as reasonably required to enable the party receiving the Dispute Notice to evaluate the Dispute and the proposed resolution and respond thereto.
Process for Informal Dispute Resolution. Upon receipt of a Dispute Notice, the receiving party, if it so desires, shall have fourteen (14) days in which to deliver its own Dispute Notice to the first party, responding to the first Dispute Notice and specifying additional Disputes, if any, to be resolved. After the second Dispute Notice is delivered or upon expiration of the fourteen (14) day period therefore, whichever occurs first (the “Dispute Notification Deadline”), the parties shall promptly schedule one or more meetings to discuss and attempt, in good faith to resolve all disputes described in the Dispute Notice(s). Such meetings shall be attended by the parties, or their representatives with full authority to settle the Disputes at issue.
Mediation of Disputes between Participants: is a voluntary, non-binding process using a neutral third party to guide the parties toward a mutually beneficial resolution of their dispute.
If the dispute is between two or more Participants, and the disputing Participants are unable to resolve the Dispute pursuant to Section I, within thirty (30) days of the Dispute Notification Deadline (or such later date as they may mutually agree upon), then either Participant may deliver a notice to the AGRI-SENSE INTERNATIONAL (a “Mediation Notice”) requesting that such outstanding Dispute(s) be subject to a non-binding mediation conducted by AGRI-SENSE INTERNATIONAL committee or body that will mediate the dispute (the “Mediating Body”). The mediation shall be conducted in one or more sessions at the offices of the AGRI-SENSE INTERNATIONAL or such other location as may be agreed upon by the disputing parties and the Mediating Body Conduct of the Mediation.
The mediation session(s) shall be attended by the parties or their representatives with full authority to settle the Dispute. The parties agree to discuss their differences in good faith and to attempt, with facilitation by the mediator, to reach an amicable resolution of the dispute.
Costs of the Mediation. Unless agreed otherwise as part of a settlement of any Dispute(s), the costs of the mediation shall be shared equally by the parties and each party shall bear its own costs for all attorneys or other professionals engaged by such party in connection with the mediation.
Arbitration, a form of alternative dispute resolution (ADR). It is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), which renders the "arbitration award".
Selection of Arbitration. If a Dispute has not been resolved pursuant to Section II, within 90 days after the written notice beginning the mediation process (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the parties may elect to settle such dispute by binding arbitration, or may elect to litigate the dispute.
Process for Arbitration, if Selected. In the event that the parties elect to settle such a dispute by binding arbitration, the arbitration will be conducted before and decided by a single neutral arbitrator (the “Arbitrator”), who shall be selected in a manner agreed to by the parties. The person serving as mediator pursuant to Section II above, shall be eligible to serve as the Arbitrator, if both parties so agree in writing. The Arbitrator is empowered to render any remedies deemed necessary to resolve any Dispute, including, without limitation, money for damages of any sort, specific performance or other injunctive, provisional or equitable relief.
The Arbitrator shall render a written award (the “Award”) no later than thirty (30) days after the end of the hearing or after completion of any post-hearing briefing that the Arbitrator shall order or permit, whichever is later. The Award shall completely dispose of any Disputes submitted to the Arbitrator and shall include findings of fact and conclusions of law. All aspects of the arbitration shall be treated as confidential. The parties and the Arbitrator may disclose the existence, content or results of the arbitration only as provided in the JAMS Rules. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interests.
If you have any questions about this Dispute Resolution Policy, please contact us: