Controversy. Neither Party may file a claim against the other without first participating in good faith in mediation with a trained and neutral mediator. The Parties shall share the expenses of mediation, except that shared expenses shall not include the cost incurred by a Party for presentation before the mediator or representation by an attorney at the mediations, if such representation is desired. If not settled at mediation, the dispute will be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Attorney’s fees and costs will be awarded by the Arbitrator to the prevailing party.
Appears in 4 contracts
Samples: Trust Program Enrollment Agreement, Trust Program Enrollment Agreement, Trust Program Enrollment Agreement
