Common use of MEDIATION AND ARBITRATION BETWEEN BUYER AND SELLER Clause in Contracts

MEDIATION AND ARBITRATION BETWEEN BUYER AND SELLER. If Buyer’s and/or Seller’s Agent is a member of the National Association of REALTORS®, all Claims shall be submitted to mediation in accordance with the procedures of the Home Seller/Home Buyer Dispute Resolution System of the National Association of REALTORS® ("the System"). If an Agent is not a member of the National Association of REALTORS®, or the System is not available through the Agent’s Realtor® organization, then all Claims shall be submitted to mediation through the program administered by Arbitration Service of Portland (“ASP”). All Claims that have not been resolved by mediation as described herein shall be submitted to final and binding arbitration in accordance the then-existing rules of ASP. The prevailing party in any arbitration between Buyer and Seller shall be entitled to recovery of all reasonable attorney fees, filing fees, costs, disbursements, and mediator and arbitrator fees. Provided, however, a prevailing party shall not be entitled to any award of attorney fees unless it is first established to the satisfaction of the arbitrator(s) (or judge, if applicable) that the prevailing party offered or agreed in writing to participate in mediation prior to, or promptly upon, the filing for arbitration.

MEDIATION AND ARBITRATION BETWEEN BUYER AND SELLER. If Buyer’s Buyer and/or Seller’s Agent Licensee is a member of the National Association of REALTORS®, all Claims shall be submitted to mediation in accordance with the procedures of the Home Seller/Home Buyer Dispute Resolution System of the National Association of REALTORS® ("the System"). If an Agent a Licensee is not a member of the National Association of REALTORS®, or the System is not available through the AgentLicensee’s Realtor® organization, then all Claims shall be submitted to mediation through the program administered by Arbitration Service of Portland (“ASP”). All Claims that have not been resolved by mediation as described herein shall be submitted to final and binding arbitration in accordance the then-existing rules of ASP. The prevailing party in any arbitration between Buyer and Seller shall be entitled to recovery of all reasonable attorney fees, filing fees, costs, disbursements, and mediator and arbitrator fees. Provided, however, a prevailing party shall not be entitled to any award of attorney fees unless it is first established to the satisfaction of the arbitrator(s) (or judge, if applicable) that the prevailing party offered or agreed in writing to participate in mediation prior to, or promptly upon, the filing for arbitration.