RecD07 2007-087633 - Laserfiche WebLink

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(Page 1.1 of 20) to create a presumption of bias or prevent a prompt commencement of the mediation process. Within ten days ofthe selection of the mediator, each party shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre-mediation conference, and all parties shall attend unless otherwise agreed. The mediation shall be commenced within ten days following the submittal of the memoranda and shall be concluded within 15 calendar days from the commencement of the mediation unless the parties mutually agree to extend the mediation period. The mediation shall be held in San Mateo County, California, or such other place as is mutually acceptable by 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 dispute. 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 dispute, 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 th rough 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. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the expenses of any witnesses, or the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless they agree otherwise. 5.4 Bindina Arbitration. If the parties cannot resolve the claim pursuant to the procedures described in Section 5.3 or if any party to the dispute fails to participate in the mediation process, any party may commence binding arbitration under the commercial rules of the American Arbitration Association or any other arbitration provider that may be mutually acceptable to the parties. The following rules 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 arbitrator need not be an attorney or retired judge; but, if not, the arbitrator must have at least five years' experience in real estate matters; (iii) any fee to initiate the arbitration shall be paid by the Lot OWner initiating the procedure, provided that the arbitration costs and fees, including any initiation fee, ultimately shall be borne as determined by the arbitrator. (Iv) the arbitrator shall be appointed within 60 calendar days ofthe administrator's receipt of a written request to arbitrate the dispute. In selecting the arbitrator, the provisions of section 1297.121 of the Code of Civil Procedure shall apply. The arbitrator may be challenged for any of the grounds listed therein or in section 1297.124 ofthe Code of Civil Procedure. (v) the arbitrator may require one or more pre-hearing conferences; (vi) the parties shall be entitled to discovery to the extent authorized under Code of Civil Procedure section 1283.05; (vii) the arbitrator shall apply the rules of law, including the rules of evidence, unless expressly waived in writing by both parties; (viii) the arbitrator's statement of decision shall contain findings of fact and conclusions of law to the extent applicable, and the arbitrator's decision shall be rendered within 20 calendar days of the conclusion of the hearing; F:\LJW-DAT A\VVPDocsWamtOakw\YamtOakw.goeVl.wpd 8 May 17, 2007