MEDIATION CLAUSE
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The
parties agree that any and all disputes, claims or
controversies arising out of or relating to this Agreement
shall be submitted to GAMS, or its successor, for
mediation. Either party may commence mediation by
providing to GAMS and the other party a written request
for mediation, setting forth the subject of the dispute
and the relief requested. The parties covenant to
cooperate with GAMS and with one another in selecting
a mediator from GAMS' panel of neutrals, and in scheduling
all mediation proceedings. The parties covenant that
they will participate in the mediation in good faith,
and that they will share equally in its costs. All
offers, promises, conduct and statements, whether
oral or written, made in the course of the mediation
by any of the parties, their agents, employees, experts
and attorneys, and by the mediator or any GAMS employees,
are confidential, privileged and inadmissible for
any purpose, including impeachment, in any arbitration
or other proceeding involving the parties, provided
that evidence that is otherwise admissible or discoverable
shall not be rendered inadmissible or non-discoverable
as a result of its use in the mediation. The provisions
of this Clause may be enforced by any Court of competent
jurisdiction, and the party seeking enforcement shall
be entitled to an award of all costs, fees and expenses,
including attorneys fees, to be paid by the party
against whom enforcement is ordered.
We
have read and understand the foregoing and agree to
submission of all disputes, claims or controversies
arising out of or relating to this Agreement to mediation
in accordance with this agreement.
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Party
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Party
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