Okla. Stat. tit. 47, § 47-596.15
This is the official text of Okla. Stat. tit. 47, § 47-596.15, part of Oklahoma’s Stat. tit. 47, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 47,." Browse the sections below, each linked to its official government source.
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Cause of action - Damages - Mediation
Official statutory text
A. A dealer, manufacturer, or warrantor injured by another
party who has violated a provision of the Recreational Vehicle
Oklahoma Statutes - Title 47. Motor Vehicles Page 946
Franchise Act may bring a civil action in court for the recovery of
actual damages. The court shall award attorney fees and costs to
the prevailing party in a civil action under this section.
B. Venue for a civil action filed pursuant to this section
shall be the county in which the business of the dealer is located.
In an action involving more than one dealer, any county in which the
business of any dealer that is party to the action is located is a
proper venue for that action.
C. Before bringing a civil action under this section, the party
bringing suit for an alleged violation of the Recreational Vehicle
Franchise Act shall serve a written demand for mediation on the
offending party. The demand for mediation shall include a brief
statement of the dispute and the relief sought by the party making
the demand. The party making the demand for mediation shall serve
the demand by certified mail to one of the following addresses:
1. In an action between a dealer and a manufacturer, the
address stated in the dealer agreement between the parties;
2. In an action between a dealer and a warrantor that is not a
manufacturer, the address stated in any agreement between the
parties; or
3. In an action between two dealers, the address of the
offending dealer in the records of the Oklahoma New Motor Vehicle
Commission.
D. Within twenty (20) days after a demand for mediation is
served under subsection C of this section, the parties shall
mutually select an independent mediator who is approved by the
Oklahoma New Motor Vehicle Commission, and meet with that mediator
for the purpose of attempting to resolve the dispute at a location
in this state selected by the mediator. The mediator may extend the
date of the meeting for good cause shown by either party or if the
parties agree to the extension.
E. The service of a demand for mediation under subsection C of
this section tolls the time for the filing of any complaint,
petition, protest, or other action under the Recreational Vehicle
Franchise Act until representatives of both parties have met with
the mediator selected pursuant to subsection D of this section for
the purpose of attempting to resolve the dispute. If a complaint,
petition, protest, or other action is filed before that meeting, the
court shall enter an order suspending the proceeding or action until
the mediation meeting has occurred and may, if all of the parties to
the proceeding or action stipulate in writing that they wish to
continue to mediate under this section, enter an order suspending
the proceeding or action for as long a period as the court considers
appropriate. The court may modify, extend, or revoke a suspension
order issued under this subsection if it considers that action
appropriate.
Oklahoma Statutes - Title 47. Motor Vehicles Page 947
F. Each of the parties to the mediation under this section is
responsible for its own attorney fees. The parties shall equally
divide the cost of the mediator.
party who has violated a provision of the Recreational Vehicle
Oklahoma Statutes - Title 47. Motor Vehicles Page 946
Franchise Act may bring a civil action in court for the recovery of
actual damages. The court shall award attorney fees and costs to
the prevailing party in a civil action under this section.
B. Venue for a civil action filed pursuant to this section
shall be the county in which the business of the dealer is located.
In an action involving more than one dealer, any county in which the
business of any dealer that is party to the action is located is a
proper venue for that action.
C. Before bringing a civil action under this section, the party
bringing suit for an alleged violation of the Recreational Vehicle
Franchise Act shall serve a written demand for mediation on the
offending party. The demand for mediation shall include a brief
statement of the dispute and the relief sought by the party making
the demand. The party making the demand for mediation shall serve
the demand by certified mail to one of the following addresses:
1. In an action between a dealer and a manufacturer, the
address stated in the dealer agreement between the parties;
2. In an action between a dealer and a warrantor that is not a
manufacturer, the address stated in any agreement between the
parties; or
3. In an action between two dealers, the address of the
offending dealer in the records of the Oklahoma New Motor Vehicle
Commission.
D. Within twenty (20) days after a demand for mediation is
served under subsection C of this section, the parties shall
mutually select an independent mediator who is approved by the
Oklahoma New Motor Vehicle Commission, and meet with that mediator
for the purpose of attempting to resolve the dispute at a location
in this state selected by the mediator. The mediator may extend the
date of the meeting for good cause shown by either party or if the
parties agree to the extension.
E. The service of a demand for mediation under subsection C of
this section tolls the time for the filing of any complaint,
petition, protest, or other action under the Recreational Vehicle
Franchise Act until representatives of both parties have met with
the mediator selected pursuant to subsection D of this section for
the purpose of attempting to resolve the dispute. If a complaint,
petition, protest, or other action is filed before that meeting, the
court shall enter an order suspending the proceeding or action until
the mediation meeting has occurred and may, if all of the parties to
the proceeding or action stipulate in writing that they wish to
continue to mediate under this section, enter an order suspending
the proceeding or action for as long a period as the court considers
appropriate. The court may modify, extend, or revoke a suspension
order issued under this subsection if it considers that action
appropriate.
Oklahoma Statutes - Title 47. Motor Vehicles Page 947
F. Each of the parties to the mediation under this section is
responsible for its own attorney fees. The parties shall equally
divide the cost of the mediator.
Status: in_force · Read it on the official government site
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