38.239. 6. If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of this chapter. An award procured pursuant to such arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.241. 7. If, after the conclusion of arbitration, a party: (a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.241; or (b) Commences a civil action based upon any claim which was the subject of arbitration, the party shall, if he fails to obtain a more favorable award or judgment than that which was obtained in the initial arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed. 8. Upon request by a party, the Division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section. 9. As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320. (Added to NRS by 1995, 1418; A 1999, 3016; 2001, 1283; 2003, 35, 39, 2251) NRS 38.340 Duties of Division: Maintenance of list of mediators and arbitrators; establishment of explanatory document. For the purposes of NRS 38.300 to 38.360, inclusive, the Division shall establish and maintain: 1. A list of mediators and arbitrators who are available for mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the Division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the Division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the Division may require the mediator or arbitrator to present proof satisfactory to the Division that he has received the training and experience required for mediators or arbitrators pursuant to this section. 2. A document which contains a written explanation of the procedures for mediating and arbitrating claims pursuant to NRS 38.300 to 38.360, inclusive. (Added to NRS by 1995, 1419) NRS 38.350 Statute of limitations tolled. Any statute of limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted for mediation or arbitration pursuant to NRS 38.320 until the conclusion of mediation or arbitration of the claim and the period for vacating the award has expired. (Added to NRS by 1995, 1419) NRS 38.360 Administration of provisions by Division; regulations; fees. 1. The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and may adopt such regulations as are necessary to carry out those provisions. 2. All fees collected by the Division pursuant to the provisions of NRS 38.300 to 38.360, inclusive, must be accounted for separately and may only be used by the Division to administer the provisions of NRS 38.300 to 38.360, inclusive. (Added to NRS by 1995, 1419) CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY GENERAL PROVISIONS NRS 40.005 Zoning requirements to be considered by court. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY NRS 40.010 Actions may be brought against adverse claimants. NRS 40.020 Plaintiff not entitled to costs on default judgment or disclaimer. NRS 40.030 Plaintiff may recover damages for property withheld where his right terminated during pendency of action. NRS 40.040 Value of permanent improvements to be allowed as setoff. NRS 40.050 Mortgage not deemed conveyance. NRS 40.060 Court may enjoin injury to property during foreclosure. NRS 40.070 Damages may be recovered for injury to possession after sale and before delivery. NRS 40.080 Action not to be prejudiced by alienation pending suit. NRS 40.090 Action by person in adverse possession: Verified complaint; defendants; notice of pending litigation. NRS 40.100 Action by person in adverse possession: Issuance, service and posting of summons; rights of unknown persons. NRS 40.110 Court to hear case; must not enter judgment by default; effect of final judgment. NRS 40.120 Remedy is cumulative. NRS 40.130 Adverse action on mining claim. ACTIONS FOR NUISANCE, WASTE AND WILLFUL TRESPASS ON REAL PROPERTY NRS 40.140 Nuisance defined; action for abatement and damages; exceptions. NRS 40.150 Action for waste; judgment may be for treble damages. NRS 40.160 Action for trespass for cutting or carrying away trees or wood; treble damages. NRS 40.170 Damages in actions for forcible or unlawful entry may be trebled. NRS 40.180 Manner of working mine or mining claim; assessment of damages. NRS 40.190 Continuation of judgment lien. NRS 40.200 Application for order of survey; notice and order; report of survey; costs of and damages caused by survey. NRS 40.210 Order allowing party to survey and measure land in dispute; contents and service of order; liability for unnecessary injury. SUMMARY PROCEEDINGS FOR OBTAINING POSSESSION OF REAL PROPERTY, RECREATIONAL VEHICLE OR MOBILE HOME NRS 40.215 Definitions. NRS 40.220 Entry to be made only when legal and in peaceable manner. NRS 40.230 Forcible entry defined. NRS 40.240 Forcible detainer defined. NRS 40.250 Unlawful detainer: Possession after expiration of term. NRS 40.251 Unlawful detainer: Possession of property leased for indefinite time after notice to quit; older or disabled person entitled to extension of period of possession upon request. NRS 40.2512 Unlawful detainer: Possession after default in payment of rent. NRS 40.2514 Unlawful detainer: Assignment or subletting contrary to lease; waste; unlawful business; nuisance; violations of controlled substances laws. NRS 40.2516 Unlawful detainer: Possession after failure to perform conditions of lease; saving lease from forfeiture. NRS 40.252 Unlawful detainer: Contractual provisions void if contrary to specified periods of notice; notice to quit or surrender by colessor is valid unless showing other colessors did not authorize notice. NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent. NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property. NRS 40.255 Removal of person holding over after 3-day notice to quit; circumstances authorizing removal. NRS 40.260 Tenant of agricultural lands may hold over if not notified. NRS 40.270 Tenant has similar remedies against subtenant. NRS 40.280 Service of notices to quit; proof required before issuance of order to remove. NRS 40.290 Parties defendant; persons bound by judgment. NRS 40.300 Contents of complaint; issuance and service of summons; temporary writ of restitution; notice, hearin

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