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Arbitration – Contract – Mediation Requirement (access required)

Emmanuel African Methodist Episcopal Church v. Reynolds Construction Co. Even though the parties’ contracts require the parties to engage in mediation before either arbitration or legal proceedings, this does not give plaintiff the choice to forgo arbitration. The contracts’ arbitration clauses are mandatory. The mediation clause can be interpreted to mean that, if the parties agree to waive arbitration, they still must go to mediation before they go to court. We reverse the trial court’s denial of defendants’ motion to compel arbitration.

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