5 13.7 DIRECT DISCUSSION: When a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the Dispute through direct debate MEDIATION: Disputes between subcontractors and contractors that are not resolved by direct debate shall be submitted to mediation in accordance with the Mediation Rules of the American Construction Industry Mediation Arbitration Association. The parties select the Mediator within fifteen (15) days of the request for mediation. Participation in mediation is a condition precedent for any form of mandatory settlement of dispute resolution: any controversy resulting from the performance or non-performance of the necessary work by subcontract or subcontract or its interpretation is submitted to arbitration and the judgment may be entered in the arbitral award. All subcontractors and equipment suppliers of the subcontractor are bound by this arbitration clause. Arbitration shall be governed by the arbitration provision contained in the contract between the Contractor and the Owner, where such an arbitration clause exists. At the request of a party, any other party subject to this arbitration agreement shall join it and become a party to and be bound by such arbitration. Where, due to the objections of other parties or the structure of the arbitration clause contained in the agreement between the Contractor and the Owner, it is not possible for the Subcontractor or its subcontractors or suppliers to become a party to the arbitration, and if the work or performance of the Subcontractor becomes the subject in arbitration proceedings between the Contractor and the Owner, then the subcontractor becomes a lawyer at his own expense: provide evidence and witnesses to establish the performance of the subcontractor`s obligations to the subcontractor arising from this subcontract. The subcontractor is bound by attribution to the contractor. If the contract between the contractor and the owner does not contain an arbitration clause, the arbitration must comply with the Industry Building Rules of the American Arbitration Association.
If a party refuses or refuses to participate in or participate in an arbitration at the due date, the arbitrator shall decide the controversy in accordance with the evidence presented by the party or parties who have appeared. The arbitrator will provide the winning party with reasonable attorneys` fees. Termination of the subcontract does not affect this arbitration agreement COST OF DISPUTE RESOLUTION: the costs of a mediation procedure are shared equally by the parties involved. The prevailing party, in any dispute that goes beyond mediation arising out of or in connection with this Agreement or its breach, is entitled to recover from the other party the reasonable attorneys` fees, costs and expenses incurred by the prevailing party in connection with such BACKCHARGES dispute: the subcontractor will immediately pay the contractor for any damage or loss; that the contractor may suffer as a result of the subcontractor`s performance or loss of performance. . . .