In the event franchisee and Mineral County are unable to resolve any issues concerning the terms and/or conditions set forth in this chapter, either party may, at any time, notify the other party in writing of the commencement of the dispute resolution process described in this paragraph. Within five (5) business days of the commencement of the dispute resolution process, the parties shall meet in good faith in an effort to resolve the dispute. If the parties are not able to resolve their dispute within thirty (30) days after meeting in good faith, they may mutually accept arbitration.
If franchisee and Mineral County mutually accept arbitration, they become subject to binding arbitration under the American Arbitrators Association. The arbitration panel shall consist of three (3) arbitrators. Each party shall appoint one arbitrator and the two (2) arbitrators appointed by the parties shall select the third arbitrator. If the two (2) arbitrators appointed by the parties cannot agree on a third arbitrator the binding arbitration ends and the parties may use other means to seek resolution to the dispute. The parties will equally incur the cost of arbitration prior to the decision being rendered by the arbitrators. The arbitrators will apportion responsibility for the costs associated with the arbitration, which may entail having one party reimburse the other for some or all of the costs incurred. (Ord. 176A § 12, 2002)
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