HIM Portland, LLC. v. DeVito Builders, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding dispute resolution clause imposed mediation as a condition precedent to arbitration but declining to reach “the broader, more difficult question of whether the [clause] also establishes a valid condition precedent to the bringing of suit”
• declining to compel arbitration where parties explicitly labeled mediation as a “condition precedent to arbitration,” and mediation had not taken place
• affirming district court’s refusal to compel arbitration because neither party had requested mediation
• “The language of the AIA Agreement could not be more clear: mediation is a condition precedent to arbitration.... One can scarcely imagine clearer language on this point.”
• “Where contracting parties condition an arbitration agreement upon the satisfaction of some condition precedent, the failure to satisfy the specified condition will preclude the parties from compelling arbitration and staying proceedings under the FAA.”

Source: CourtListener parenthetical corpus (CC0).