Reso 2011-1749 - Laserfiche WebLink

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obligations pending the resolution of the mediation. Before requesting mediation, the parties shall first attempt to resolve the dispute amicably. 16.4.2 Scope of Dispute Review. Any controversy or claim arising out of or relating to this Agreement or any breach of it may be subject to review under these non-binding dispute resolution procedures. 16.4.3 Mediator. The Parties agree that any mediator shall be jointly selected. 16.4.4 Time of Claim. Claims must be brought within the applicable statute of limitations by notice of a claim to the other party or parties affected thereby. Failure to bring the claim within the specified time shall constitute a waiver of the party's right to assert the claim. The notice of claim shall provide reasonably sufficient detail of the nature of the claim and the basis for it. The mediator shall be selected by the parties within twenty (20) days following the date that a party requests that the selection process commence. Each mediation hearing shall be held at a location mutually approved by the parties. Unless the parties otherwise agree in writing, mediation may be commenced on or after the thirtieth (30th) calendar day after the mediator is selected. Each party agrees that it will designate a representative, having authority to bind that party, who will attend all mediation hearings. Both parties shall endeavor, in good faith, to reach a resolution of the claim during the mediation. The mediator shall submit a sworn affidavit to both parties indicating that the mediator has no past or present affiliation with either the CONTRACTOR or the CITY. 16.4.5 If the parties cannot agree on the production of documents or information (including rules relating thereto), then the mediator shall make a determination as to the scope and nature of the exchange. 16.4.6 Proceeding Costs and Fees. All parties participating in the non-binding mediation shall be responsible for their own costs, expenses and attorney fees necessary to pursue or defend against claim(s) raised under these provisions; however, the parties shall equally share the costs of any meeting or hearing place and the fees of the mediator. 16.4.7 Enforceability and Form of Decision. The decision resulting from mediation is not binding on any party participating in the mediation unless and until the parties agree to it in writing. In the absence of a written consent accepting the mediator's decision, the decision shall have no force or effect whatsoever. 16.4.8 Florida LawN enue/Jurisdiction. This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The Parties hereto hereby submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any action or proceeding arising out of or relating to this Agreement and the Parties hereto hereby agree that all claims in respect of such action or proceeding shall be heard and determined exclusively in any such state or federal court. 34 ~~ ---1 \.1 .J