AG 2008 05 19 - Laserfiche WebLink

Home Browse Search

after the parties have fo]lowed the dispute resolution procedure set forth above, the matter will be resolved pursuant to Section 13.2(6) and (c) below. (b) ff any dispute between the parties has not been resolved pursuant to Sec- tion 13.2(a) above, rho patties will endeavor to settle the dispute by mediation under the Ameri- can Arbitration Association or other agreed mediator in the Cabarrua County metropolitan area. Within ten (10) business days fmm the date that the parties cease direct negotiations pursuant to Section 13.2(a) above, the County shall select a neutral third party mediator, who shall be subject to the reaeoneble approval of SMG. Bach party will bear its own cost of mediation; provided, however, the coat charged by a~ independent third party mediator will be borne equally by the parties. (c) The parties agree that any mediation proceeding (as well as any discussion pursuant to Section 13.2(a) above) will constitute settlement negotiations fox purposes of the fed- eral and state roles of evidence and will ba tteated asnon-diawvarable, confidential and privi- leged communication by the parties and the mediator. No atanogmphia, visual or audio record wrll be made of any mediation proceedings or such discussions. All conduct, statements, prem- ises, offers and opinions made in the worse of the mediation or such discussion by any party, its agents, employees, represantativea or other invitees and by the mediator will not be diewvetable nor admissible for a~ purposes in any litigation or other proceeding involving the parties and will not be disclosed to any third party. (d) The parties agree that this mediation procedure will be obligatory and par- ticipation therein (but not the mediator's decision, if any, artless agreed to by the parties pursuant to subsection (e) below) legally binding upon each of them. In the event that either party refuses to adhere to the mediation procedure set forth in this Suction 13.2, the other party may bring an action to seek enforcement of such obligation in any court of competent jurisdiction. (e) 'The parties' efforts to teach a settlement of any dispute will continue until the conclusion of the mediation proceeding. The mediation proceeding will be wncluded when: (i) a written settlement agreement is executed by the partios, or (ri) the mediator cottcludea and informs the parties in writing that further efforts to mediate the diepubo would not be useful, or (iii) the parties agree is writing that an impasse hes boon coached. Notwithstandingthe forego- ing, either party may withdraw from the mediation proceeding withant liability therefor in the event such proceeding continues for mom than forty-$ve (45) days from the commencement of such proceeding. For purposes of the preceding sentence, the proceeding will be doomed to have commenced following the completion of the selection of a mediator ae provided in Section 13.2(6). (f) If any dispute hue not been resolved pursuant to the foregoing, either party may temtinate this Agreement as provided in Section 12 hereof and/or may file suit in the North Carolina state courts sitting in Cabamrs County to enforce its rights hereunder. ($) The procedure specified is this Section 13.2 shall be the Bole and exclu- sive precedurea for the resolution of dispubos between the parties arising out of or relating to this Agreement; provided, however, that a party, without prejudice to the above precedurea, may file a complaint to seek a preliminary injunction or other provisional judiaisl relief, if in its sole dis- mviud cebertue e~onwnt vawl Ad.doc~evi.ai calwmu otraomwt venal rad.doo m199r-20C 29 ~=-3