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Arbitration Dispute Resolution (adr)

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Arbitration Dispute Resolution (ADR)

Corey A. Moore


December 1, 2009

Rulon Huntsman


Case: James Henderson versus Montel Thomas

Both parties are looking to resolve this breach of contract involving failure to finish exterior home remodeling project. This resulted in fees assessed by Home Owners Association (HOA) of $1,576.89.

Therefore, no civil action with respect to any

dispute, claims or controversy arising out of or relating to this

Agreement will commence until the matter has been resolved by Thomas Edwards through mediation. Both parties may begin mediation by providing there information to Thomas Edwards. Each of the parties will cooperate with Thomas Edwards and with one another in selecting a mediator from the firm, and in scheduling the mediation trial. Jams (2006). States "Both parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any Edwards employees, are off the record, privileged and not permitted for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. "

Either party may seek fair assistance prior to the mediation to protect the status pending the completion of that process. However, neither party may initiate a civil action with respect to the matters submitted to mediation until after the conclusion of the initial mediation session, or 15 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. Jams (2006) states "The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. "




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