Nebraska § 60-1472 - Act; violation; civil action for damages; authorized; procedure.

§ 60-1472. Act; violation; civil action for damages; authorized; procedure.

(1)(a) A dealer, manufacturer, distributor, or warrantor that is injured by a violation of the Recreational Vehicle Industry Regulation Act may bring a civil action to recover actual damages.

(b) Venue for any civil action under this section shall be brought:

(i) If only one dealer is a party to the civil action, in the district court of the county where the dealership is located;

(ii) If more than one dealer is a party to the civil action, in the district court of any county where a dealer that is a party to the action is located; or

(iii) If no party to the civil action is a dealer, in any district court with relevant jurisdiction.

(c) The court shall award attorney's fees and costs to the prevailing party in such action.

(2)(a) Before bringing a civil action under this section, the party that is bringing the civil action for an alleged violation shall serve a written demand for mediation upon the offending party.

(b) The demand for mediation shall be served upon the offending party via certified mail at the address:

(i) Stated within the manufacturer-dealer agreement between the parties; or

(ii) If there is no manufacturer-dealer agreement between the parties or if the address described in subdivision (b)(i) of this subsection does not exist or is no longer valid, the address specified by the offending party in such party's license application under the Motor Vehicle Industry Regulation Act.

(c) The demand for mediation shall contain a brief statement of the dispute and the relief sought by the party serving the demand.

(d) Within twenty days after the date a demand for mediation is served upon the offending party, the parties shall mutually select an independent mediator and meet with the mediator for the purpose of attempting to resolve the dispute. The meeting place shall be in this state in a location selected by the mediator. The mediator may extend the date of the mediation for good cause shown by either party or upon stipulation of both parties.

(e) The service of a demand for mediation under this subsection stays any statute of limitations or statute of repose for the filing of any complaint, petition, protest, or action under the Recreational Vehicle Industry Regulation Act until representatives of all parties have met with a mutually selected mediator for the purpose of attempting to mediate the dispute. If a complaint, petition, protest, or action is filed before such mediation, the court shall enter an order suspending the proceeding or action until the mediation has occurred and may, upon written stipulation of all parties to the proceeding or action that the parties wish to continue to mediate under this subsection, enter an order suspending the proceeding or action until a date that the court considers appropriate. A suspension order issued under this subdivision may be revoked by the court.

(f) The parties to the mediation shall bear their own costs for attorney's fees and divide equally the cost of the mediator.