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30 <br /> <br /> <br /> <br />costs of the Referee for the Judicial Reference proceeding as determined by the Referee. <br /> <br />(2) The Referee shall have the authority to try all issues, whether of fact or <br />law, and to report a statement of decision to the court. The parties shall use the procedures adopted by <br />Judicial Arbitration and Mediation Services ("JAMS") for judicial reference (or any other entity offering <br />judicial reference dispute resolution procedures as may be mutually acceptable to the parties), provided <br />that the following rules and procedures shall apply in all cases unless the parties agree otherwise: <br /> <br />(a) If the Declarant is a party to the Judicial Reference, then any fee to <br />initiate the Judicial Reference shall be paid by Declarant, provided however, that the cost of the judicial <br />reference shall ultimately be borne as determined by the Referee; <br /> <br />(b) The proceedings shall be heard in the County; <br /> <br />(c) The Referee must be a neutral and disinterested party who is a <br />retired judge or a licensed attorney with at least ten (10) years' experience in relevant real estate <br />matters; <br /> <br />(d) Any dispute regarding the selection of the Referee shall be resolved by <br />JAMS or the entity providing the reference services, or, if no entity is involved, by the court with <br />appropriate jurisdiction; <br />(e) The Referee may require one or more pre-hearing conferences; <br /> <br />(f) The parties shall be entitled to discovery, and the Referee shall oversee <br />discovery and may enforce all discovery orders in the same manner as any trial court judge; <br /> <br />(g) A stenographic record of the Judicial Reference proceedings shall be <br />made, provided that the record shall remain confidential except as may be necessary for post-hearing <br />motions and any appeals; <br /> <br />(h) The Referee's statement of decision shall contain findings of fact and <br />conclusions of law to the extent applicable; <br /> <br />(i) The Referee shall have the authority to rule on all post-hearing <br />motions in the same manner as a trial judge; <br /> <br />(j) The Referee shall be authorized to provide all recognized remedies <br />available in law or equity for any cause of action that is the basis of the Judicial Reference; and <br /> <br />(k) The statement of decision of the Referee upon all of the issues <br />considered by the Referee shall be binding upon the parties, and upon filing of the statement of decision <br />with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The <br />decision of the Referee shall be appealable as if rendered by the court. <br /> <br />(I) If submission of a disputed matter referenced in this Section 9.11.D to <br />Judicial Reference is not permitted under the then applicable law, then notwithstanding Code of Civil <br />Procedure Section 1298.7, if the dispute is not resolved through mediation, each Owner, the Association <br />and Declarant shall resolve such dispute exclusively through binding arbitration conducted in accordance with <br />the Judicial Arbitration and Mediation Services ("JAMS') pursuant to Section 9.11.E of this Declaration. <br /> <br />(3) Judicial Reference shall only proceed for any matter that is subject to the <br />requirements of Civil Code Sections 5925-5960 after the parties have attempted to reasonably comply with <br />the alternative dispute resolution requirements set forth in Civil Code Sections 5925 -5960, as same may be <br />amended from time to time. <br /> <br />117