Common use of MEDIATION - WAIVER OF JURY TRIAL Clause in Contracts

MEDIATION - WAIVER OF JURY TRIAL. In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the subject Project, and/or following the completion of the Project, the parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami-Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Sub consultants and/or independent contractors retained for the Project, thereby providing for non-binding mediation as the primary mechanism for dispute resolution. Each party will bear their own attorney’s fees. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement.

MEDIATION - WAIVER OF JURY TRIAL. In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the subject Project, and/or following the completion of the Project, the parties to this Agreement agree all disputes between them shall be submitted to non-binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami-Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Sub consultants and/or and independent contractors retained for the Project, thereby providing for non-binding mediation as the primary mechanism for dispute resolution. Each party will bear their own attorney’s fees. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement.