Case Law for Motion to Dismiss for Purchase Contract with Mediation Clause where a Defendant did not go to mediation but instead filed a motion to withdrawal so how would one properly word case law for Martin County Motion to dismiss

the clause:

(b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after

334 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract,

335 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting

336 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific

337 performance.

338 This Paragraph 15 shall survive Closing or termination of this Contract.

339 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and

340 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will be settled

341 as follows:

342 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to

343 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute to mediation under Paragraph

344 16(b).

345 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida

346 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the "Mediation Rules").

347 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be

348 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16

349 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph

350 16 shall survive Closing or termination of this Contract.

351 17. ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted

352 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in

353 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to recover

354 from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting the

355 litigation. This Paragraph 17 shall survive Closing or termination of this Contract.

356 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS