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201807442
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Last modified
12/9/2019 6:31:29 PM
Creation date
11/14/2018 4:01:48 PM
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DEEDS
Inst Number
201807442
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201807442 <br />If the Claimant and Respondent do not settle the Claim within thirty (30) days after <br />submission of the matter to the mediation process, or within such time as determined reasonable <br />or appropriate by the mediator, then the mediator shall issue a notice of termination of the <br />mediation proceedings ("Termination of Mediation Notice"). The Termination of Mediation <br />Notice shall set forth when and where the parties met, that the parties are at an impasse, and the <br />date that mediation was terminated. <br />11.6 Binding Arbitration. <br />If a Claim is not resolved by mediation, the Claimant shall have fifteen (15) days after the <br />date of the Termination of Mediation Notice to submit the Claim to binding arbitration in <br />accordance with this Section. If the Claimant fails to timely submit the Claim to arbitration, then <br />the Claim shall be deemed waived and abandoned and the Respondent shall be relieved of any <br />and all liability to Claimant arising out of the Claim. If the Claimant submits the Claim to <br />binding arbitration in accordance with this Section, the arbitration shall be conducted in <br />accordance with the following: <br />(a) Initiation of Arbitration. The arbitration shall be initiated by either party <br />delivering to the other a Notice of Intention to Arbitrate as provided for in the <br />American Arbitration Association ("AAA") Commercial Arbitration Rules or <br />such other AAA rules as the AAA determines to be applicable (the "AAA <br />Rules"). A Respondent may join as a party to the arbitration any Bound Party <br />who may be liable to the Respondent or the Claimant with respect to the Claim. <br />(b) Governing Procedures. The arbitration shall be conducted in accordance with the <br />AAA Rules. In the event of a conflict between the AAA Rules and this Section, <br />the provisions of this Section shall govern. <br />(c) Appointment of Arbitrator. The parties shall appoint a single arbitrator by mutual <br />agreement. If the parties have not agreed within ten (10) days of the date of the <br />Notice of Intention to Arbitrate on the selection of an arbitrator willing to serve, a <br />qualified arbitrator will be appointed by AAA in accordance with AAA Rules. <br />Any arbitrator appointed in accordance with this Subsection (c) is referred to in <br />this Section as the "Arbitrator". <br />(d) Qualifications of Arbitrator. The Arbitrator must have completed all necessary <br />training to act as an arbitrator under AAA Rules and shall be neutral and <br />impartial, knowledgeable as to the subject matter involved in the dispute, and <br />experienced in arbitration proceedings. <br />(e) Disclosure. Any potential Arbitrator shall promptly disclose to the parties all <br />actual or perceived conflicts of interest involving the dispute or the parties. No <br />Arbitrator may serve if he has a conflict of interest involving the subject matter of <br />the dispute or the parties. If an Arbitrator resigns or becomes unwilling to <br />continue to serve as Arbitrator, a replacement shall be selected in accordance with <br />the procedure set forth in Subsection (c) above. <br />Compensation. The Arbitrator shall be fully compensated for all time spent in <br />connection with the arbitration proceedings in accordance with the Arbitrator's <br />usual hourly rate, unless otherwise agreed to by the parties, for all time spent in <br />(f) <br />Page 54 of 67 <br />
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