Option 1 - MED/ARB Non-Binding
The parties agree to meet in good faith to first attempt to mediate any problems or disputes that may arise under this Agreement. Should the dispute between the parties not be resolved through the aforementioned process, the parties agree to refer any disputes, controversies, or questions arising under this Agreement to either a dispute resolution entity, or to a single arbitrator selected by the American Health Lawyers Association Alternative Dispute Resolution Service, as the parties shall agree with sixty (60) days of the last attempted resolution. The proceeding shall be governed by the Rules of the American Health Lawyers Association Alternative Dispute Resolution Service then in effect, and shall be held in the jurisdiction of the Hospital's domicile. The compensation and expenses of the arbitrator(s) and any administrative fees or costs associated with the arbitration proceeding shall be borne equally by the parties.
Arbitration shall be the preferred remedy for the settlement of disputes arising under this Agreement; however if the parties do not agree to Arbitration or to the outcome of the Arbitration, then each party is free to pursue other legal actions.
Option 2 - Arbitration Only / Binding
The parties agree to refer any disputes, controversies, or questions arising under this Agreement to either a dispute resolution entity, or to a single arbitrator selected by the American Health Lawyers Association Alternative Dispute Resolution Service, as the parties shall agree with sixty (60) days of the last attempted resolution. The proceeding shall be governed by the Rules of the American Health Lawyers Association Alternative Dispute Resolution Service then in effect, and shall be held in the jurisdiction of the Group's domicile. The compensation and expenses of the arbitrator(s) and any administrative fees or costs associated with the arbitration proceeding shall be borne equally by the parties.
Arbitration shall be the exclusive remedy for the settlement of disputes arising under this Agreement. The decision of the arbitrator(s) shall be final, conclusive and binding, and no action at law or in equity may be instituted by either party other than to enforce the award of the arbitrator(s).
Option 3 - International
Dispute Resolution. The Parties agree that, in the event of any disputes arising out of or in connection with this Agreement, both Parties will use their commercially reasonable efforts to reach an amicable and prompt resolution of such dispute, including mediation if the Parties agree.
Failing amicable resolution, all disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules. The cost of arbitration or mediation of disputes hereunder shall be borne fifty percent (50%) by Facility and fifty percent (50%) by [Plan].
Written notice given by one Party to the other requiring a dispute to be submitted to arbitration shall be deemed to constitute a joint submission to arbitration by both Parties. If [Plan] issues the written notice requiring arbitration, an Arbitration hereunder shall be conducted in [Provider's choice of Venue] by a single arbitrator, mutually agreeable to the Parties, or if no agreement, then by a single arbitrator selected by the National Committee of the International Chamber of Commerce.
If Provider issues the written notice requiring arbitration, arbitration hereunder shall be conducted in [Payer's choice of venue], by a single arbitrator, mutually agreeable to the Parties, or if no agreement, then by a single arbitrator selected by the Payer, National Committee of the International Chamber of Commerce.
The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, and may promulgate such rules and procedures as will resolve the dispute in the fastest and most efficient reasonable manner.
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