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§ 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation ' i ' lers t ies "" "". t1u4.A it 1, rkrll i i r.dsniniitered by tH i Aw ire i un Arbitrate Ai. i iirhiin in ,ci irdrhti i with itt C " cti T a..". redi ti n edu eff t > e a .e F the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction) [ X-] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) §n3AR ONN § 8.3.1 If the parti_c arbitrati n as the meth d f r binding dispute res luti n in this Agreement, any do , dicr�a r th rmatt rinqu sti narising ut f rr lat dt subj ctt ,butn trcccl-:=dky, ticu ck k Fc cl ;act t arbitration :: kick, alccc tho parties mutually agree otherwise, shall bc, uL '. ct r d by ilil f�iln n Arh/teatiut An ii,Aiin in r/'1 irlluAl l data of this Agroomont. A L o _1 fir .rl::itration shall tc W d= :: �t b I_k: crcd th thor party t thi . Agroomont, and filed with c= utity administering tho arbitration. §-IVIAA A d=W 1 for arbitratic = ckdil l c W 22 _c =wk== ±ar. cc c -= _tly with th filing far qu st f r mediation, but in no event shall it be made after the date when the institution of le 1 or equitable proceedings based en-titi ilrh , dispute or other matter in que tim n n)ld )i i Yrar111Yy the applicable statute of limitations. For statute of limitaticuc r��rcccc, rc�cirt f a writtc o f r arbitrati n by =utity administoring tho ether-Miinrkrlliine.: .et einstit.ti fle ) e ..:tdrlip` dinbr4rAid matter in que„ tion. § 8.3.2 The foreg i inb uci` i i it hit any court having jurisdiction thereof. ti unr2 p iri i i i t entity tint& irpiiiieallymfiirisdiliin,,iirdukii xiIL uxpkirh11lux in - find, rvkd ju with appliitli lra: in uw., limit having jurisdiction thereof. AIA Document 8101.' - 2007 (formerly 8151^' - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction r distribution of this AIA. Document, or any portion of it, may result i civil and criminal penalties, and will be prosecuted to � the max extent possible under the law. This draft was produced by AIA software at 10:02:21 son 12/17/2007 under Order No.1000305200_1 which expires on 6/14/2008, and is not for resale. User Notes: (434271448)