DISPUTE SETTLEMENT AND MEDIATION. Xxxxxxxx and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to this Contract. In the event Landlord and Student are unable to resolve a dispute, Landlord and Student both agree to participate in at least one formal mediation session provided at no cost by BYU-ldaho, through a University-designated mediator, before pursuing any other remedies. Notwithstanding the forgoing, claims for non- payment of rent are not subject to mediation unless rent was not paid because Student disputes the validity of the Contract.
DISPUTE SETTLEMENT AND MEDIATION. Xxxxxxxx and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to this Contract. In the event Landlord and Student are unable to resolve a dispute, Landlord and Student both agree to participate in at least one formal mediation session provided at no cost by BYU- Idaho, through a University-designated mediator, before pursuing any other remedies generally available at law. Unpaid rents are not subject to this mediation requirement unless rent was not paid because Student disputes the validity of the Roommate Requests: Contract. Student Signature Date Landlord Signature Date Updated December 2020 Brighton Apartments & Townhouses – Addendum to the Contract ADVERTISING: No advertising or soliciting is permitted on property. Solicitors should be reported to the manager.
DISPUTE SETTLEMENT AND MEDIATION. Landlord and Student agree to work together in good faith toward the resolution of any dispute arising out of or related to the Agreement. In the event Landlord and Student are unable to resolve a dispute, all such controversies shall be submitted to the Center for Peace and Conflict Resolution (“CPCR”) for mediation and if mediation is unsuccessful, binding arbitration. Unpaid rents are not required to go to mediation and arbitration, at the option of Landlord, unless rent was not paid because Student disputes the validity of the Agreement, in which case it must go to mediation. Statutory claims related to the habitability of the premises under the Utah Fit Premises Act are also not subject to this mediation and arbitration requirement and may be brought in litigation or through mediation and arbitration as described in this section. Both parties agree to be governed by the Mediation Rules of the CPCR unless the CPCR declines to mediate the controversy. If mediation fails to resolve the problem, either party may request arbitration by the CPCR. If either party requests arbitration, both parties agree to submit to the jurisdiction of the CPCR and be bound by its decision as rendered in accordance with its rules and regulations. The parties agree that the CPCR arbitrators have the right to determine all questions of law and fact and may grant any remedy or relief that the arbitrators deem just and equitable including specific performance. Any BYU student who fails to comply with an arbitrator’s decision or a final court decision related to this agreement may have a hold placed on his or her university records and a stop and discontinuance on registration. If Landlord fails to comply with such decision(s), Landlord will be in breach of this Agreement and may not be offered another Agreement to Provide BYU Off-Campus Contracted Housing. If civil court action is pursued to enforce the terms of this Agreement, mediation agreement, or the arbitration award, the non- prevailing party agrees to pay all costs in connection therewith, including reasonable attorneys’ fees.
