This excerpt taken from the ESCC 10-K filed Mar 31, 2005.
Disputes And Arbitration. If any dispute should arise after Closing concerning performance under or interpretation of this Agreement, then, prior to, and as a condition to either Sellers or Buyers right to initiate any arbitration action, the Parties will take the following steps in an attempt to informally resolve any such dispute:
(a) The initiating party to the dispute shall provide the other party thirty (30) days written notice of the dispute and opportunity to cure.
(b) If the dispute remains after the thirty (30) days written notice and cure period, then within thirty (30) days of the request of either party, the parties shall participate in non-binding mediation with a mutually agreeable mediator at a mutually agreeable date, time and location.
(c) If any such dispute remains unresolved after the parties have attended mediation pursuant to Section 10(b), then either party may initiate an arbitration proceeding.
(d) The Parties agree that if they are unable to resolve any controversy that arises under this Agreement post-Closing as contemplated by this Section 10, then such controversy and any ancillary claims not so resolved will be submitted to mandatory and binding arbitration to be held in a mutually agreeable location in the United States of America in accordance with the rules of the American Arbitration Association. Any award rendered therein shall be final and binding on each and all of the Parties, and judgment may be entered thereon in a court of competent jurisdiction in the State of Georgia. Seller and Buyer shall appoint a maximum of three arbitrators. Seller shall appoint one arbitrator and Buyer shall appoint one arbitrator. Each of these arbitrators shall appoint the third. If any Party fails to appoint an arbitrator, the President or Chairman of the American Arbitration Association, or his authorized subordinate, shall appoint such arbitrator or arbitrators.