Okay, thank you for the accept and the additional information. I will be happy to help you further.
According to the terms of your contract, you would have to try mediation first. The two of you can choose your mediator by mutual decision. A mediator is a neutral party and most of the time, they are attorneys. The fairest thing to do would be to split the cost of the mediation between the two of you, even though the reason you are there in the first place is because of the other party's breach. Of course, you do not have to agree to this, but you may get farther if you do. You will have to discuss the terms of payment with the mediator. Each one has their own policies and they all charge different prices. If you are in York County, you can find a list of court certified mediators here: http://webdev.courts.state.va.us/cgi-bin/mediation/search.cgi/g?circuit=Circuit9.
Of course, there is always the possibility that the breaching party will not voluntarily go to mediation or arbitration. In that case, court is your only option. What will happen in that scenario is that the judge will enter a court order forcing the two of you back to either mediation or arbitration. If this happens, you will want to ask for the court costs you had to pay in order to go before the judge to get this ruling. If the breaching party still will not go to arbitration, he can be held in contempt of court and you may be awarded the amount of your claim by default. Make sure that before you go before the judge, if you have to, you send the breaching party a certified letter saying that you are going to take the case to court if he will not agree to mediation or arbitration. That way, you will have proof that it was the breaching party's fault that you had to go to court in the first place.
Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner. Thank you.