§ 322C.21 — Civil action — mediation

Iowa § 322C.21

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 322C: TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS

Text

1. A dealer, manufacturer, distributor, or warrantor injured by another party’s violation
of this chapter may bring a civil action in district court to recover actual damages resulting
from the violation. The court shall award reasonable attorney fees and costs to the prevailing
party in such an action. Venue for a civil action authorized by this section shall be exclusively
in the county in which the dealer’s business is located. In an action involving more than one
dealer, venue may be in any county in which any dealer that is a party to the action is located.
2. a. Prior to bringing a civil action under this section, the party alleging a violation of
this chapter shall serve a written demand for mediation upon the alleged offending party.
b. The demand for mediation shall be served upon the alleged offending party via
certified mail at the address stated in the manufacturer-dealer agreement between the
parties, if applicable.
c. The demand for mediation shall contain a statement of the dispute or violation alleged
and the relief sought by the party serving the demand.
d. Within twenty days after service of a demand for mediation, the parties shall mutually
select an independent certified mediator and shall meet with the mediator for the purpose of
attempting to resolve the dispute or alleged violation. The meeting place for the mediation
shall be in this state at a location selected by the mediator. The mediator may extend the date
before which the parties are required to have the meeting for good cause shown by either
party or upon a stipulation by both parties.
e. The service of a demand for mediation under this section shall toll the period during
which a party is required to file any complaint, petition, protest, or other action under
this chapter until representatives of both parties have met with the mutually agreed-upon
§322C.21, RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, & DISTRIBUTORS 14
mediator for the purpose of attempting to resolve the dispute or alleged violation. If a
complaint, petition, protest, or other action has been filed before the mediation meeting, the
court shall enter an order suspending any proceeding or action relating to such complaint,
petition, protest, or other action until the mediation meeting has occurred and may, upon
written stipulation by all parties to the proceeding or action that the parties wish to continue
mediation under this section, enter an order suspending the proceeding or action for any
period the court considers appropriate.
f. Each party to the mediation shall pay the party’s own costs for attorney fees. The costs
of the mediation services shall be allocated equally amongst the parties.
3. In addition to the remedies provided in this section, and notwithstanding the existence
ofanyremedyatlaw,amanufacturer,distributor,warrantor,ordealermaypetitionthedistrict
court for a temporary or permanent injunction, or both, restraining any person from acting
as a dealer without being properly licensed, from violating or continuing to violate any of the
provisions of this chapter, or from failing or refusing to comply with the requirements of this
chapter. Such injunction shall be issued, upon a hearing and for cause shown, without bond.
A single act in violation of this chapter shall be considered sufficient cause to authorize the
issuance of an injunction pursuant to this subsection.