Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, or to the existence, scope, or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then effective arbitration rules of American Arbitration Association. Judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through the organization named above or any other mediation process or mediator as the parties may agree upon.
Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the existence, scope, or validity of this Agreement or this arbitration clause, shall be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc. or the American Arbitration Association, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. Venue for any arbitration hereunder shall be in Portland, Oregon. (continue to Sheet 60-19.7) Issued February 1, 2006 Effective on NWN Advice No. OPUC 06-2 and after February 8, 2006 SCHEDULE 60 SPECIAL CONTRACTS (continued)
Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement or the arbitration agreement, or that arises out of or relates to any subcontract or sub- subcontract, shall be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc. [or the then effective construction industry arbitration rules of the American Arbitration Association, whichever organization is selected by the party which first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected], and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The owner, the contractor, and all subcontractors, sub-subcontractors, material suppliers, engineers, architects, designers, construction lenders, bonding companies, and all other parties concerned with and involved in the performance of the contract are bound, each to the other, by this arbitration clause, provided such party has signed this contract, or has signed a contract that incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause. This arbitration clause shall not preclude any party from filing a statutory construction lien or from commencing suit to foreclose such lien, but the foreclosure suit shall be stayed until the rendering of the arbitration award, which award shall be binding in such foreclosure suit as to all matters determined in arbitration, and the lien may then be foreclosed to the extent permitted by law. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate by any mediation process or mediator as the parties may agree upon. (Note: The right to arbitrate is not waived by the filing of a lien and bringing suit to foreclose the lien: Xxxxxx x. Xxxx, 50 Or App 223 (1981).) (Note on arbitration's interface with mediation. When customary settlement discussions falter, mediation is always the first alternative to consider. But, mediation is a voluntary and cooperative process and, unlike arbitration, it cannot be forced upon the other party. A dispute resolution clause should not require mediation as a legal condition precedent to arbitration or litigation, because it allows a defendant in bad faith to use...
Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) the American Arbitration Association, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through either of the organizations named above or any other mediation process or mediator as the parties may agree upon. The parties hereby consent to the personal jurisdiction of such Arbitration. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may hire the services of a Mediation and/or binding Arbitration specialist, the selection of which must be discussed and an attempt made to come to a mutually agreed selection. If one party refuses to participate, or if a mutually acceptable Arbitrator cannot be agreed upon, either party may hire an Arbitration specialist and proceed with an Arbitration hearing. In a hearing for which legal service of notice has been Initials performed, the present party is entitled to a binding default judgment if the other party refuses to attend. It is agreed that an Arbitration judgment is binding upon both parties.
Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, shall be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc., or an equivalent service in the event that the Arbitration Service of Portland, Inc., no longer is in existence, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The parties acknowledge that mediation usually helps parties to settle their dispute. Therefore, any party may propose mediation whenever appropriate through the above named organization or any other mediation process or mediator as the parties may agree upon. The arbitration shall be held in the City of Brookings or the unincorporated area of Xxxxx County known as Harbor. The parties shall split the arbitrator’s fees equally. Controversies involving a claim of $250,000.00 or less shall be heard by one arbitrator. Controversies involving a claim of more than $250,000.00 shall be heard by a panel of three arbitrators.
