NHIH and Student agree that their mutual commitment to this Agreement should minimize the potential for disputes between them. Should any dispute arise, Student and NHIH agree an attempt at resolution will occur between Student and the NHIH Admissions Director, and then, if necessary, between Student and NHIH Founder/Director. Nevertheless, if a dispute arises which cannot be resolved in the ordinary course of business, Student and NHIH agree that they will attempt through mediation in good faith to resolve their differences prior to resorting to any courts or agencies. Any controversy or claim arising from or relating to the enforcement of or breach of this Agreement or any termination of work shall be first attempted to be settled by mediation on Maui, Hawaii. Note: Student may elect to appear by telephone or Zoom which is a standard procedure in all states.
Mediation will be conducted by a neutral mediator selected by the parties from a list which is maintained and furnished by the Maui Bar Association as a public service and is standard procedure. The recommended solution is not binding. The parties shall split the cost of the mediator.
In the event legal action is brought under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees, including fees reasonably incurred prior to mediation/arbitration, suit or action, to be fixed by the mediator/arbitrator, trial court, and/or appellate court. This agreement is governed by the laws of the State of Hawaii and the Uniform Commercial Code. The venue for any legal disputes shall be held on the island of Maui in the State of Hawaii. Student may appear by telephone or Zoom rather than having to travel, which is a standard procedure in U.S. courts.