Contract Dispute Resolution Clause

The parties agree to mediate any disputes, claims or controversies arising from or relating to this agreement.  Richard S. Weil shall serve as mediator.  If he is unable to serve, _______________ shall be the mediator.

Either party may commence the mediation process by sending written notice to the other party and the mediator stating the subject of the dispute, claim or controversy and the relief requested.  The mediator shall immediately schedule a conference call to discuss the details of the mediation and any document requests. Unless otherwise agreed by the parties, the initial mediation session shall be held not more than __ calendar days after the notice is sent.  The parties shall share the mediator’s fees and costs equally.

No party shall commence any court or arbitration proceedings relating to a dispute subject to this agreement unless that party has first engaged in mediation.

The provisions of this section 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 reasonable attorneys’ fees, to be paid by the party against whom enforcement is ordered.