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You have signed a production contract whereby you are to produce apples for Gerber to make applesauce. In your second year of the contract, Gerber

You have signed a production contract whereby you are to produce apples for Gerber to make applesauce. In your second year of the contract, Gerber refuses to accept your crop because a hailstorm damaged some of your apples. You believe that the majority of your crop is fine, and that Gerber has breached your contract. Your contract contains a mandatory mediation provision, requires binding arbitration by the Judicial Arbiters' Group in Denver, and has a fee-shifting provision awarding attorney fees to the prevailing party.


A. Negotiating informally has failed. Under your contract provisions, explain what your next steps are to resolve the dispute and, for each step, describe the process (how it is conducted, by whom, what result).


B. Under the contract provisions, if you are unhappy with either mediation or arbitration, are you able to sue in court to resolve the dispute? Explain your.

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