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D D <br />A V <br />Receiving Parry's agreement to submit the matter to mediation, the Requestinglep <br />written demand to the Dispute Resolution Administrator of JAMS (the "Administrator") at the <br />office of JAMS in or closest to the City with the names, addresses, telephone numbers and fax <br />numbers of all parties to this Declaration and a brief synopsis of the claim, controversy, <br />difference, or disputed matters and a proposed solution to the problem, with copies sent to the <br />Receiving Party. <br />(c) Selection of Mediator. As soon as practicable after the demand is served <br />upon JAMS, the Administrator will contact the Lessees to select a mutually agreeable mediator. <br />If the Lessees have no particular mediator in mind or cannot agree on a mediator, the <br />Administrator will submit a list of mediators, and their resumes, numbering at least one more <br />than there are parties. Each Lessee may then strike one name and the Administrator will <br />designate the mediator from the list of remaining names. <br />(d) Hearings-Scheduling/Parties Present. After the mediator has been <br />selected, the Lessees shall promptly agree upon a date and time for the initial conference with the <br />mediator, but no later than thirty (30) days after the date the mediator was selected. The Lessees <br />understand and agree that, besides counsel, each Lessee may bring only such additional persons <br />as are needed to respond to questions, contribute information and participate in the negotiations. <br />The number of additional parties may be agreed upon in advance with the assistance and advice <br />of the mediator. <br />(e) Position Papers. No later than seven (7) days before the first scheduled <br />mediation session, each Lessee shall deliver a concise written summary of its position, together <br />with any appropriate documents, views and a proposed solution to the matters in controversy to <br />the mediator and also serve a copy on all other parties. <br />(f) Participation by Mediator. Once familiar with the case, the mediator will <br />give recommendations on terms of possible settlement conditions to be imposed upon the <br />Lessees (if appropriate). The mediator's opinion shall be based on the material and information <br />then available to the Lessees, excluding any information given to the mediator in confidence <br />during a separate caucus. The opinions and recommendations of the mediator are not binding on <br />the Lessees. <br />(g) Confidentiality of Proceedings. The mediation process is to be considered <br />settlement negotiation for the purpose of all state and federal rules protecting disclosures made <br />during such conferences from the later discovery or use in evidence. The Lessees agree that the <br />provisions of California Evidence Code Section 1152.5 shall apply to any mediation conducted <br />hereunder. The entire procedure is confidential, and no stenographic or other record shall be <br />made except to memorialize a settlement record. All conduct, statements, promises, offers, <br />views and opinions, oral or written, made during the mediation by any parry or a party's agent, <br />employee, or attorney are confidential and, where appropriate, are to be considered work product <br />and privileged. Such conduct, statements, promises, offers, views and opinions shall not be <br />subject to discovery or admissible for any purpose, including impeachment, in any litigation or <br />other proceeding involving the parties; provided, however, that evidence otherwise subject to <br />discovery or admissible is not excluded from discovery or admission in evidence simply as a <br />27 <br />