Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to mediate and arbitrate (each, a "Dispute" and collectively, the "Disputes"), shall be resolved as follows:
First, the Parties shall have fourteen (14) days to negotiate an agreeable solution in good faith, commencing the day a Party receives written notice of a Dispute.
Second, if the Parties do not reach an agreeable solution within such period, all Disputes shall be submitted for resolution on an expedited basis by confidential and non-binding mediation administered by the Forum of Arbitration and Independent Resolution in Sports ("FAIR") under its Mediation Rules and Procedures before a single mediator. The mediation shall take place no later than twenty-one (21) days from submission of the Dispute(s) to FAIR. The commencement and completion of mediation proceedings is a condition precedent to commencement of an arbitration hereunder unless otherwise agreed.
Lastly, if mediation does not produce an agreeable solution, all Disputes shall be submitted for resolution on an expedited basis by confidential and binding arbitration before a single arbitrator administered by FAIR under its Arbitration Rules and Procedures (the "Arbitration Rules"). Judgment on the award made by the arbitrator(s) may be entered in any court having jurisdiction.
The Parties knowingly and voluntarily consent to the waiver of any rights resulting from this dispute resolution provision or application of the Arbitration Rules. The Parties agree that the process set forth in this Section shall be the sole and exclusive process for resolving Disputes. In the event a Party initiates litigation in violation of this Section, such action shall be subject to dismissal, with the reasonable fees and expenses of the non-initiating Party or Parties paid by the Party or Parties that initiated the action. Nothing in this Section shall limit the right of a Party to seek an order from a court of competent jurisdiction: (i) dismissing litigation brought in violation of this Section; or (ii) compelling a Party to mediate or arbitrate in accordance with this Section. Upon such order, the non-prevailing Party shall pay all reasonable fees and expenses of the prevailing Party with respect to such order. The Parties stipulate and agree that a violation of this dispute resolution provision shall constitute irreparable harm and that, on proof of a breach, the Party seeking relief from such violation shall be entitled to equitable relief including, but not limited to, an injunction or specific performance.
For contracts that should attempt negotiation, then mediation, before binding arbitration.