Non-judicial Dispute Resolution. You and we agree that any Covered Disputes between or among you and us, regardless of when it arose, will, upon demand by either you or us, be resolved by the arbitration process described in Section (d) below. You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court. As an exception to this Arbitration Provision, we both retain the right to pursue disputes in small claims court in the state where you reside if the dispute lies within that court’s jurisdiction.
Non-judicial Dispute Resolution. Before resorting to litigation, each Party agrees to use commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter provided. In the event of a dispute which the Parties cannot resolve directly between themselves, the Parties agree to institute confidential mediation located in New York City with a mediator selected from Judicial Arbitraiton and Mediation Services (“JAMS”) roster of mediators to attempt to resolve the dispute through private confidential mediation. If the dispute remains unresolved after thirty (30) days after the mediation is conducted, the Parties hereby agree that their exclusive dispute resolution mechanism will be private confidential arbitration, located in New York City, using a JAMS mediator and all Parties further agree that they waive any right to bring an action in any court of law, and waive any right to any court or jury trials in any court of law and further agree that JAMS arbitration is the sole and exclusive forum, venue and mechanism for dispute resolution of any disputes related to this Agreement.
Non-judicial Dispute Resolution. Before resorting to litigation, each party agrees to use commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter provided. In the event of a dispute which the parties cannot resolve directly between themselves, within five (5) days of receipt of written notice from either party, the parties agree to institute non-binding mediation for up to a period of thirty (30) days (but no longer unless they otherwise mutually agree) to resolve the dispute through private mediation, using an independent, trained and certified mediator. If the dispute remains unresolved after mediation, the parties may resort to binding arbitration as set forth in the ensuing sections of this Agreement.
