ARTICLE TWELVE. MEDIATION
|12.01 || |
Other than requests for provisional relief under Section 12.03, any and all Disputes which the Parties have been unable to resolve by informal methods after undertaking a good faith effort to do so, must first be submitted to mediation under the procedures described in Section 12.02 below. This Article shall not apply to those disputes expressly excluded by other sections of this Agreement.
Either Party may initiate mediation by providing Notice to the other Party in accordance with Section 10.08 of a written request for mediation, setting forth a description of the Dispute and the relief requested.
The Parties will cooperate with one another in selecting the mediator (Mediator) from the panel of neutrals from Judicial Arbitration and Mediation Services, Inc. (JAMS), its successor, or any other mutually acceptable non-JAMS Mediator, and in scheduling the time and place of the mediation.
Such selection and scheduling will be completed within forty-five (45) days after Notice of the request for mediation.
Unless otherwise agreed to by the Parties, the mediation will not be scheduled for a date that is greater than ninety (90) days from the date of Notice of the request for mediation. Such mediation shall be completed within forty-five (45) days of the initial mediation date unless otherwise agreed to by the Parties.
The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs (other than each Partys individual attorneys fees and costs related to the Partys participation in the mediation, which fees and costs will be borne by such Party).
All offers, promises, conduct and statements, whether oral or written, made in connection with or during the mediation by either of the Parties, their agents, representatives, employees, experts, and attorneys (and in the case of Anaheim, elected and appointed officials), and by the Mediator or any of the Mediators agents, representatives, and employees, will not be subject to discovery and will be confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding between or involving the Parties, or either of them; provided, evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
|12.03 || |
The Parties acknowledge and agree that irreparable damage would occur if certain provisions of this Agreement are not performed in accordance with the terms of this