BUCHALTER A PROFESSIONAL CORPORATION

Home Browse Search

other client. In addition, our representation of Santa Ana in the matter or matters in which we are employed shall not preclude us from concurrently representing other clients also adverse to those same parties, in different matters, provided that your confidentiality and privileges are preserved. 16. DISPUTE RESOLUTION. We anticipate that any dispute or disagreement that may arise out of or relate to our legal services, including the fees charged, can be worked out to our mutual satisfaction in discussions between us or through mediation. a. Arbitration of Disputes. If we cannot amicably and mutually resolve any disputes between us, we both agree that all disputes arising out of or relating in any way to this Agreement, our relationship, or the services performed or the attorneys' fees and costs charged (including but not limited to claims based on alleged professional malpractice, negligence, errors or omissions, breach of contract, breach of fiduciary duty, fraud, or any claim based upon tort or any statute), shall be submitted, as soon as practicable, to final and binding arbitration in Orange County, before JAMS Services, a private mediation and arbitration tribunal, pursuant to its Arbitration Rules and Procedures ("JAMS Rules"), before a single neutral arbitrator who is a retired judge or justice, either mutually agreed upon by us. If no agreement on the arbitrator can be reached within fifteen days after initiation of the arbitration, then the arbitrator will be selected in accordance with the JAMS Rules. Any decision of the arbitrator maybe confirmed in a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. b. Arbitration Confidentiality. The arbitration proceedings and award shall be kept strictly confidential between us, and except for our own representatives on a need to know basis, will not be disclosed to any other person or entity, unless disclosure is necessary for the preparation and conduct of the hearing on the merits, or in a judicially filed application for a preliminary injunction, or in any confirmation hearing of or motion to vacate the arbitrator's award in a court of competent jurisdiction, or in proceedings to enforce a judgment based upon the confirmed award. C. Jury Waiver/Appeal. By agreeing to arbitrate any disputes between us as set forth in the preceding paragraph, Santa Ana acknowledges that it is giving up its right to have such disputes heard and determined by a non -retired judge or by a jury in a court of law. Moreover, appeals from arbitration awards are more limited than appeals from court judgments, and discovery is generally less broad than permitted in a court of law. Should Santa Ana have any question about the significance of its agreement to arbitrate as set forth in this Agreement, it should consult with an attorney who is independent of the Firm. d. Arbitration Jurisdiction. The arbitration will be controlled by the provisions of the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) except that California substantive law shall be applied to resolve the underlying disputes to be arbitrated. We both agree that it is the arbitrator, and not any federal or state court, who has the exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this binding agreement to arbitrate, including but not limited to determining which claims are subject to arbitration, or any claim that all or any part of this agreement to arbitrate is unenforceable, voidable or void. e. Bar Arbitration. Although we believe that binding arbitration in accordance with the terms set forth above provides a reasonable and private means of resolving legal disputes that has E