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without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has
been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation
agreement are specified in paragraph 26C. B. ARBITRATION OF DISPUTES:
Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any
resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and
Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or
within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or
justice, or an attorney with at least 5 years of residentia...
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This note was uploaded on 06/25/2013 for the course BUS 320 taught by Professor Staff during the Spring '11 term at S.F. State.
- Spring '11