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P1108 A clause in a construction contract that purported to require disputes between the parties to be submitted to mediation in Nevada is void under Code of Civil Procedure section 410.42, which prohibits a construction contract from requiring any dispute between the parties to be litigated, arbitrated, or otherwise determined outside California; the provision should be severed and the rest of the contract enforced; under a provision that made mediation a condition precedent to arbitration, a party's rejection of an offer to mediate in California prevented either party from seeking to compel arbitration, but not from litigating.CitationTEMPLETON v SUPERIOR COURT (Nevada Mediation) 144 CA4 1073 [See: CCP 410.42; Armendariz v Foundation Health 24 C4 83, T/AT 9/00; Little v Auto Stiegler 29 C4 1064, P/AT 5/03]
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