Alternative dispute resolution clause samples

14. Alternative Dispute Resolution. The Company and the Executive agree that any dispute that arises out of or relates to Executive’s employment or termination of employment with the Company, including any dispute that the Executive may have with any present or former officer, manager, director, employee, agent, attorney or insurer of the Company, shall first be submitted to mediation through the Institute for Conflict Prevention& Resolution (“CPR”) (or such other nationally-recognized alternative dispute resolution service as the Executive and Company may agree). The Executive and the Company shall use their reasonable efforts to commence and conclude such mediation in a prompt manner. If the dispute is not resolved through mediation within thirty (30) days after notice thereof, such dispute shall be resolved by binding arbitration in accordance with the rulesand procedures of the CPR (or such other nationally-recognized alternative dispute resolution service as the Executive and the Company may agree). Judgment upon the award rendered by the arbitrator may be entered in any court having in person and subject matter jurisdiction. The Company and the Executive hereby submit to the jurisdiction of the federal and state courts in Denver, Colorado, for the purpose of confirming any such award and entering judgment thereon. The Company shall pay for all administrative costs and fees charged by the CPR (or such other nationally-recognized alternative dispute resolution service) as well as the fees charged by the arbitrator. Each party shall pay for his or its attorneys’ fees and costs.

(2)The Enterprise, by resolution duly adopted by the Management Board and the Mescalero Apache Tribal Council, shall have the authority to consent, or to cause each of the Resort Enterprises to consent, (i)to the exercise of jurisdiction over any suit or over the Enterprise or Resort Enterprise, as the case may be, by the State Courts of New Mexico or any other state, the federal courts, the tribal courts of the Mescalero Apache Tribe or any other Indian tribe, or the courts of any United States territory or foreign jurisdiction, and (ii)to arbitration or alternative dispute resolution. Such authority shall at all times remain with the Mescalero Apache Tribal Council to be granted by duly adopted resolution.