A. Any party considering the other to be in default of this agreement shall give the other written notice of the default. The party receiving the notice shall have thirty (30) days to remedy the default or within which to commence actions to remedy the default, if the default cannot reasonably be remedied within thirty (30) days. If the party alleged to be in default fails to remedy the default within the prescribed period or to complete remedial actions within a reasonable time, the other party may, upon sixty (60) days' written notice, elect to cancel this agreement, subject to payment of any accrued amounts due under section 11-1-5 of this chapter.
B. The parties desire to resolve disputes arising out of this chapter without litigation. Accordingly, in the event of any dispute hereunder, the parties agree to attempt to negotiate in good faith to resolve any dispute arising under this chapter. The parties intend that these negotiations shall be conducted by nonlawyer, business representatives.
C. Except for action seeking a temporary restraining order or injunction related to the purposes of this chapter, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure and also agree not to sue any party to this chapter with respect to any controversy or claim arising out of or relating to this chapter or its breach prior to exhausting the procedures set out in this section.
D. If the parties are unable to settle their dispute within sixty (60) days of the initial request, either party may, on written notice to the other party, initiate nonbinding mediation of the dispute before a single mediator.
The mediator shall be selected by agreement of the parties within thirty (30) days after one of the parties has requested mediation. If a single mediator cannot be agreed upon, each party shall select its own mediator and those mediators shall select an independent mediator who will conduct the mediation session(s). The mediator fees shall be borne equally by both parties. The mediation shall be completed by recommendation of the mediation panel submitted to both parties within thirty (30) days after selection of the entire mediation panel.
Unless the parties agree otherwise, all matters, including the communications, conduct and demeanor of the parties and their counsel during mediation, are confidential and shall be inadmissible as settlement discussions in any subsequent litigation. In the event mediation fails, the parties may resort to means outside the scope of this section to resolve their dispute. (Ord. 371, 3-15-2016)