Escalation and Mediation
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If the parties cannot themselves resolve a dispute arising out of or related to this Agreement, they shall attempt to resolve such dispute through mediation under the auspices of ___________ [ADR association], in __________ [city], with the parties sharing equally the costs of mediation. Except to the extent necessary to prevent irreparable harm or to preserve rights or remedies, neither party shall file suit until 30 days after the first mediation conference, unless the other party has materially breached its obligations in the preceding sentence. Any requirement in this Agreement to pay or reimburse court costs or attorneys’ fees includes, without limitation, a requirement to reimburse costs and fees related to such mediation.