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Legal · Doc Q · CookinCapital RE Advisory & Facilitation — Complete Document Package (17 templates A–Q)

Dispute Resolution & Arbitration Agreement

Document Q is incorporated into every CookinCapital user agreement. It sets a fixed escalation ladder — written notice and good-faith negotiation, then JAMS mediation, then binding JAMS arbitration — all seated in Orange County, California, with the jury trial waived.

Version DOC-Q-2024.12Canonical text
Document QDispute Resolution & Arbitration Agreement

1. INFORMAL RESOLUTION

Before initiating formal dispute resolution, the parties agree to attempt informal resolution by providing written notice of the dispute and engaging in good faith negotiations for a period of 30 days.

2. MEDIATION

If informal resolution fails, the parties agree to submit the dispute to mediation administered by JAMS or another mutually agreed mediator in Orange County, California. The cost of mediation shall be shared equally. Mediation shall be completed within 60 days of the mediator's appointment.

3. BINDING ARBITRATION

If mediation fails, any dispute arising out of or relating to these Agreements shall be resolved by binding arbitration administered by JAMS in Orange County, California, in accordance with the JAMS Comprehensive Arbitration Rules. The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

4. GOVERNING LAW

These Agreements and all related documents shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. Venue for any legal proceedings not subject to arbitration shall be in Orange County, California.

5. ATTORNEYS' FEES

In any dispute arising under these Agreements, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

6. WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THESE AGREEMENTS.

Signature block (executed in-platform via e-signature)
  • Party 1 Signature / Date / Printed Name
  • Party 2 Signature / Date / Printed Name
  • CookinCapital, Inc. — Authorized Representative / Date
The ladder at a glance — the text above controls
Step 1 · Informal
Written notice + good-faith negotiation · 30 days
Step 2 · Mediation
JAMS or agreed mediator, Orange County CA · complete within 60 days of appointment · cost shared equally
Step 3 · Arbitration
Binding, JAMS Comprehensive Arbitration Rules, Orange County CA · award enforceable in any court of competent jurisdiction
Governing law
California, no conflict-of-laws
Fees
Prevailing party recovers reasonable attorneys' fees and costs
Jury trial
Waived to the maximum extent permitted by law
Independent counsel

Consult independent counsel — this is our operating framework, not legal advice for you. CookinCapital, Inc. is not your attorney, appraiser, inspector, or CPA. Nothing on this page creates an attorney-client relationship or substitutes for advice from a licensed professional retained by you.

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CookinCapital, Inc. · A Division of Saint Vision Technologies LLC · CookinCap Real Estate LLC · 438 Main Street, Suite 220, Huntington Beach, CA 92648