Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt commencement of the mediation process. Each party shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved within ten days of the selection of the mediator or within such time frame established by the mediator. The mediation shall be commenced within ten days following the submittal of the memoranda. The mediation shall be held in the county in which the property is located or such other place as is mutually acceptable to the parties. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settlement of the Claim. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the Claim, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. The mediation shall be subject to the provisions of Evidence Code sections 1115 through 1128, or any successor statutes thereto, except as the parties may agree otherwise in writing or orally in accordance with the requirements of Evidence Code section 1118. Persons otherthan the parties, their representatives and the mediator mayattend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. If the Claim is not resolved in accordance with these nonadversarial prelitigation procedures, the Claim shall be resolved in accordance with the binding adversarial procedures set forth in Section 2. 2. Binding Adversarial Procedures. If Claimant and Declarant cannot resolve the entire Claim in accordance with the procedures in Section 1 of this Exhibit or if corrective action is undertaken by Declarant and the parties disagree on the adequacy of the corrective action or any other claims arising from the corrective action, including any unresolved claims arising out of the corrective action undertaken by Declarant or Declarant's agents, either party may commence binding arbitration by submitting the Claim to JAMS for resolution under the JAMS commercial arbitration rules. The Association, each Owner and Declarant acknowledge and agree that any Claim involving the design, specification, surveying, grading, construction, installation or operation of any Improvement or landscaping within the Development, including any Claim under Civil Code sections 896 and 897, involves interstate commerce and is subject to and governed by the Federal Arbitration Act, notwithstanding any State or local laws or ordinances to the contrary and notwithstanding the fact the parties have elected to utilize certain State law arbitration procedures to resolve the Claim. The following provisions and procedures shall apply in all cases unless the parties agree otherwise in writing: (i) the proceedings shall be heard in San Mateo County, California; (ii) the matter shall be heard by a single arbitrator who shall be a retired judge or attorney with at least five years' experience in real estate matters; (iii) the fee to initiate the arbitration shall be paid by the Declarant and the arbitrator's fees shall be borne equally by Declarant and the Claimant, unless Declarant agrees in writing to advance the arbitrator's fees, provided that arbitration costs and fees, including any initiation fee and the arbitrator's fees, ultimately shall be borne as determined by the arbitrator as provided in subparagraph (ix); August 18, 2016