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<br />Service is unavailable, such other mediation service as determined by the Governing <br />Board. The mediation service shall have ninety (90) days to resolve the dispute. <br /> <br />c) If the dispute is not resolved as provided for in Section IO(a) and IO(b), then upon a <br />majority vote of the member cities, the dispute shall proceed to arbitration as provided <br />for in Section X ofthis Agreement. <br /> <br />SECTION Xl <br />ARBITRAT10N <br /> <br />11.1 Arbitration Procedures. <br /> <br />a) Arbitration shall be conducted by and under the commercial arbitration rules of the <br />American Arbitration Association, and shall be conducted by a single arbitrator. <br /> <br />b) Within thirty (30) days after the appointment of the arbitrator and no sooner than ten <br />(10) days following written notice to the member cities, the arbitrator shall commence a <br />hearing on the dispute. <br /> <br />c) The hearings shall be open to the public, recorded and may be transcribed at the request <br />and expense of any member city. <br /> <br />d) After the close ofthe hearing, and within thirty (30) days, the arbitrator shall prepare <br />written findings and make a written decision which shall be served by mail upon the <br />cities, and shall be binding upon all member cities. <br /> <br />e) Except as provided for herein, all costs of arbitration shall be borne equally between the <br />member cities. Each member city shall pay its own attorney's fees. <br /> <br />11.2 Arbitrator's Authority. <br /> <br />a) The arbitrator shall have no right to amend, modifY, nullify, ignore, add to, or subtract <br />from the terms and conditions of this Joint Powers Agreement. The arbitrator shall <br />consider and decide only the specific issue(s) submitted in writing by the cities, and <br />shall have no authority to make a decision on any other issues not so submitted. <br /> <br />b) The arbitrator shall be without power to make decisions contrary to, or inconsistent <br />with, or modifYing or varying in any way, the applicable application oflaws, rules, or <br />regulations having the force and effect oflaw. <br /> <br />11.3 Judicial Relief. <br /> <br />a) Any city may seek judicial relief, authorized pursuant to the provisions of Minnesota <br />Statutes 572.08-572.30. All costs, except attorney fees, shall be awarded to the <br />prevailing parties. <br /> <br />- 9- <br />