If you decide not to mediate with us, arbitration is still available to you. In some circumstances, however, the fees charged by the AAA (the BBB does not charge arbitration fees) may be a concern or even a barrier. In appropriate circumstances, we may be willing to waive or renegotiate contract clauses dealing with the costs of arbitration.* For example, we may be willing to negotiate an agreement to guarantee that you will recover the costs of arbitration and some attorney’s fees (if you use an attorney) if you prevail on the merits of your dispute with us.** In some cases, we may even advance arbitration fees. We make all such determinations on a case-by-case basis and may consider a number of factors. Of course, as stated in your Customer Agreement, any waiver of our rights is without prejudice and would not affect any other provision of the agreement.
Liv Cellular would appreciate the opportunity to resolve any issues you may have with us before you contact an agency or court. We believe we can do so most of the time just by working together informally. If we can’t resolve a particular concern to your satisfaction, the alternative dispute resolution processes in your Customer Agreement and this guide offer an efficient and effective means to help us conclude matters more formally.
*We will not agree to waive any portion of a Customer Agreement concerning class actions; punitive damages; treble, consequential, indirect, or special damages; or equitable relief.
**We will not agree to costs exceeding the filing fee, reasonable arbitrator’s fees and actual, reasonable attorney’s fees of up to 33% of the disputed claim or award.