Common use of EXCLUSIONS FROM MEDIATION AND ARBITRATION Clause in Contracts

EXCLUSIONS FROM MEDIATION AND ARBITRATION. The following matters are excluded from mediation and arbitration hereunder: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust or mortgage; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.

EXCLUSIONS FROM MEDIATION AND ARBITRATION. The following matters are excluded from mediation and arbitration hereunderarbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust trust, mortgage, or mortgageinstallment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's ’s lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions.