MEDIATION FOLLOWED BY ARBITRATION
GAMS Mediation Agreement | GAMS Mediation Process | GAMS Mediation Locations | GAMS Mediators | GAMS Mediation Fees | Mediation Clause | Mediation Followed by Arbitration
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, and if the matter is not resolved through
mediation, then it shall be submitted to GAMS, or
its successor, for final and binding arbitration as
described hereafter. 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. Either party
may initiate arbitration with respect to the matters
submitted to mediation by filing a written demand
for arbitration at any time following the initial
mediation session or 90 days after the date of filing
the written request for mediation, whichever occurs
first. The mediation may continue after the commencement
of arbitration if the parties so desire. Unless otherwise
agreed by the parties, the mediator shall be disqualified
from serving as arbitrator in the case. 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.
In the event the parties
are unable to successfully mediate their dispute or
upon the demand for arbitration of any party:
Any controversy or claim
arising out of or relating to this contract, or any
breach thereof, shall be settled by binding arbitration,
and judgment upon the award may be entered in any
court having jurisdiction thereof pursuant to the
Federal Arbitration Act. The arbitrator shall have
the authority to grant all appropriate relief, including
but not limited to: compensatory, exemplary, declaritory
or injunctive.
The arbitration shall
be conducted before GAMS, or its successors, using
a sole arbitrator (assigned by GAMS from the GAMS
arbitrators panel ) and, unless agreed in writing
by the parties within 10 days of the filing of a demand
for arbitration, be conducted in the city where the
contract was first executed. The arbitrator may make
an initial determination of the location of the arbitration,
and unless another location is mutually agreed by
the parties, in writing, said determination by the
arbitrator shall become final and binding 3 days after
the arbitrators ruling.
The arbitration shall
be administered by GAMS, or its successors, pursuant
to its current arbitration rules and procedures. In
the arbitration the arbitrator shall not be bound
by the rules of evidence or legal precedent. All decisions
including those of law and fact are final and binding
upon the parties. There shall be no discovery in the
arbitration. Unless extended by the arbitrator, the
arbitration shall commence no later than 3 months
after the appointment of the arbitrator. Unless extended
by the arbitrator the hearing shall not continue past
5 days. The arbitrator may grant provisional remedies,
enforceable in any court of competent jurisdiction.
The arbitrator shall,
in the Award, allocate all of the costs of the arbitration,
including the fees of the arbitrator and the reasonable
attorneys’ fees of the prevailing party, against the
party who did not prevail. The prevailing party shall
be the party who, in the sole discretion of the arbitrator,
received the greater relief in the entire arbitration.
Each party irrevocably
consents to service by first class mail for all process
for matters arising from this agreement. Any judicial
determination of substantive arbitrability shall be
solely determined by the Superior Court in Orange
County California. All matters of procedural arbitrability
shall be decided by the arbitrator whose decision
shall be final and binding.
NOTICE: By signing in the space below you
are agreeing to have all disputes, claims or controversies
arising out of or relating to this Agreement decided
by neutral binding arbitration, and you are giving
up any rights you might possess to have those matters
litigated in a court or jury trial. By signing in
the space below you are giving up your judicial rights
to discovery and appeal except to the extent that
they are specifically provided for under this Agreement.
If you refuse to submit to arbitration after agreeing
to this provision, you may be compelled to arbitrate
under federal or state law. Your agreement to this
arbitration provision is voluntary.
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 and binding arbitration
in accordance with this agreement.
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Party
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Party
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