Confidential Mediation. The parties may, at their discretion, enter into confidential mediation communications prior to the formal presentation of a grievance as described in this Article provided as follows:
Confidential Mediation. The Parties further agree all written or oral offers, promises, conduct, and statements made in the course of the mediation are confidential, privileged, and inadmissible for any purpose in any litigation, arbitration or other proceeding involving the Parties. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Confidential Mediation. Subject to the exceptions in these policies, prior to bringing legal action for disputes that arise from or relate to the Agreement or the Talk Fusion business, the parties shall attempt in good faith to resolve the dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the Parties cannot agree on a mediator within 30 days from the date on which the complaining party submits a written request to the other party seeking mediation, the complaining party shall request the American Arbitration Association (“AAA”) to appoint a mediator. The mediation shall occur within 90 days from the date on which the complaining party submits a written request to the other party seeking mediation. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Claims seeking $15,000.00 or more shall be held with the parties and the mediator physically present in the same location in Brandon, Florida and shall last no more than two business days unless the parties agree otherwise. Claims for less than $15,000.00 may be held telephonically, but may be held in person if the parties mutually agree to do so, and shall last no more than one business day unless the parties agree otherwise. Neither party shall be represented by an attorney in any mediation in which the claim is for less than $15,000.00. However, if one party is an attorney acting on his/her/its own behalf, the other party shall have the right to be represented by his/her/its attorney at the mediation as well.
