Common use of Mediation Clause in Contracts

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c), the procedures in this Section 3.02(c) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court.

Appears in 54 contracts

Sources: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-D), Sale and Servicing Agreement (World Omni Select Auto Trust 2025-A)

Mediation. If the Requesting Party selects mediation for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)3.3, the procedures in this Section 3.02(c) 3.3 will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, consumer equipment finance or asset-backed securitization matters. (Ciii) The mediation mediator will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses The expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) 3.3 or may seek adjudication to a court of the Repurchase Request in courtcompetent jurisdiction for adjudication.

Appears in 49 contracts

Sources: Sale and Servicing Agreement (CNH Equipment Trust 2025-B), Sale and Servicing Agreement (CNH Equipment Trust 2025-B), Sale and Servicing Agreement (CNH Equipment Trust 2025-A)

Mediation. If the Requesting Party selects mediation for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)3.4, the procedures in this Section 3.02(c) 3.4 will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court3.4.

Appears in 36 contracts

Sources: Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2025-B), Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2025-B), Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2025-A)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 35 contracts

Sources: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2025-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2025-B), Servicing Supplement (Mercedes-Benz Vehicle Trust)

Mediation. If the Requesting Party selects mediation for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)2.6, the procedures in this Section 3.02(c) 2.6 will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court2.6.

Appears in 31 contracts

Sources: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2025-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2025-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2025-B)

Mediation. If the Requesting Party selects mediation for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)2.6, the procedures in this Section 3.02(c) 2.6 will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. . (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court2.6.

Appears in 28 contracts

Sources: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-A)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c), the procedures in this Section 3.02(c) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court.

Appears in 20 contracts

Sources: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-A)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c2.3(d), the procedures in this Section 3.02(c2.3(d) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c2.3(d) or may seek adjudication of the Repurchase Reallocation Request in court.

Appears in 14 contracts

Sources: Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c2.3(d), the procedures in this Section 3.02(c2.3(d) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c2.3(d) or may seek adjudication of the Repurchase Reallocation Request in court.

Appears in 12 contracts

Sources: Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-B), Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-B), Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-A)

Mediation. If the Requesting Party selects mediation for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)2.12, the procedures in this Section 3.02(c) 2.12 will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer commercial finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court2.12.

Appears in 8 contracts

Sources: Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan LLC)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. HoweverIf, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 6 contracts

Sources: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2019-1)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c), the procedures in this Section 3.02(c) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court.

Appears in 3 contracts

Sources: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. HoweverIf, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 3 contracts

Sources: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c2.3(d), the procedures in this Section 3.02(c2.3(d) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c2.3(d) or may seek adjudication of the Repurchase Reallocation Request in court.

Appears in 2 contracts

Sources: Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c), the procedures in this Section 3.02(c) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. (D) Expenses of the mediation will be allocated among the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2016-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2016-1)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However. (ii) If, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Biii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Civ) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Dv) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Evi) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2020-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2020-1)

Mediation. If the Requesting Party selects mediation for dispute resolution: (A) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c), the procedures in this Section 3.02(c) will control. (B) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (C) The mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. (D) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (E) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in court.

Appears in 1 contract

Sources: Sale and Servicing Agreement (World Omni Auto Receivables LLC)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.02(c) or may seek adjudication of commence legal proceedings to resolve the Repurchase Request in courtdispute.

Appears in 1 contract

Sources: Servicing Supplement (Daimler Trust)

Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution: (Ai) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.02(c)Section, the procedures in this Section 3.02(c) will control. (Bii) A single mediator will be selected by the ADR Organization from a list of neutral mediators neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience in commercial litigation and, if possible, consumer finance or asset-backed securitization matters. (Ciii) The mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (Div) Expenses of the mediation will be allocated among to the parties as mutually agreed by them as part of the mediation. (Ev) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.02(c) or may seek adjudication of the Repurchase Request in courtSection.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Daimler Retail Receivables LLC)