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05/12/2015 (3)
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05/12/2015 (3)
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Last modified
12/19/2018 2:16:48 PM
Creation date
8/12/2015 11:48:51 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/12/2015
Meeting Body
Board of County Commissioners
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Indian River County <br /> April 17, 2015 <br /> Engagement of Berger Singerman LLP <br /> Page 8 of 10 <br /> Voluntary Mediation <br /> At the written request of the Firm or You, a dispute may be submitted to mediation prior <br /> to the commencement of any adversarial case between us. Either party may request mediation in <br /> writing within ten (10) calendar days following the firm's notice of invocation of these dispute <br /> resolution procedures. If served by first class mail, a notice of a request for mediation shall be <br /> considered received by the other party three (3) calendar days after mailing. If the other party <br /> within five (5) calendar days after notice does not also agree in writing to mediate, either party <br /> may then commence any adversarial case without further delay. If the parties agree to mediate, <br /> the mediation shall be completed no later than forty-five (45) calendar days following the initial <br /> written request for mediation. <br /> In the mediation process, the parties will try to resolve their differences voluntarily with <br /> the aid of any impartial mediator, who will attempt to facilitate negotiations. The mediator will <br /> be selected by agreement of the parties. However, if the parties cannot agree on a mediator, any <br /> party may request that JAMS/Endispute designate a mediator. <br /> The mediation will be conducted as specified by the mediator and agreed upon by the <br /> parties. The parties agree to discuss their differences in good faith and to attempt, with the <br /> assistance of the mediator,to reach an amicable resolution of the dispute. <br /> The mediation will be treated as a settlement discussion. The mediation will be treated as <br /> confidential. The mediator may not testify for either party in any later proceeding relating to the <br /> dispute. No recording or transcript shall be made of the mediation proceedings. <br /> Each party will bear its own costs in the mediation. The fees and expenses of the <br /> mediator will be shared equally by the parties. <br /> If either party fails to strictly follow these mediation procedures, the other party shall be <br /> entitled to commence any adversarial proceeding without further delay. The parties may agree to <br /> submit their dispute to arbitration. In the event an adversarial proceeding is brought by either <br /> party to resolve a dispute,the prevailing party shall be entitled to recover from the other party all <br /> of its professional fees, costs and other expenses incurred throughout any proceeding before any <br /> court or arbitration panel, including all appeals. <br /> For collection purposes, we may assign Your account(s) to an entity as permitted by <br /> Florida law and the Rules Regulating The Florida Bar, and we may represent that entity in <br /> pursuing collection of Your account(s). <br /> 6349120-2 <br /> = BERGER SINGERMAN 18 <br />
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