If the builder has invoked this chapter and completed a repair, prior to filing an
action, if there has been no previous mediation between the parties, the homeowner
or his or her legal representative shall request mediation in writing. The mediation shall be limited to four hours, except as otherwise mutually agreed
before a nonaffiliated mediator selected and paid for by the builder. At the homeowner's sole option, the homeowner may agree to split the cost of the
mediator and if he or she does so, the mediator shall be selected jointly. The mediator shall have sufficient availability such that the mediation will occur
within 15 days after the request for mediation is received and shall occur at a mutually
convenient location within the county where the action is pending. In the event that a mediation is used at this point, any applicable statutes of
limitations shall be tolled from the date of the request to mediate until the next
court day after the mediation is completed, or the 100-day period, whichever is later.
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