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,IV**. A/'%� mediator believes is most appropriate. The mediator does not have the authority to impose a settlement on the parties. Prior to the commencement of the mediation proceedings, the mediator and all parties to the mediation shall execute an agreement pursuant to California Evidence Code Section 1152.5(c) or successor statute excluding the use of any testimony or evidence produced at the mediation in any subsequent dispute resolution forum. 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. b. Judicial Reference: In the event that the parties are unable to resolve all or any Disputes pursuant to mediation, any such unresolved Disputes shall be heard by a referee pursuant to the provisions of the California Code of Civil Procedure, Sections 638-645.1, inclusive, and as set forth in this section. The referee shall be selected by mutual agreement of the parties or selected by the presiding judge of the Alameda County Superior Court. The referee shall decide all issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court. The referee shall try and decide any or all Disputes according to all of the substantive, evidentiary and procedural law of the State of California. When the referee or judge pro tern has decided the Disputes, the referee or judge pro tem shall prepare a statement of decision and judgment. The judgment entered by the Alameda County Superior Court shall be appealable in the same manner as any other judgment. Discovery shall be allowed and conducted under the supervision of the referee or judge pro tem pursuant to the provisions of the California Code of Civil Procedure and the California Rules of Court. The cost of the reference shall be borne equally by the parties. 5. This Agreement shall be construed in accordance with the laws of the State of California with venue in the applicable court in Alameda County. 6. Rule of Construction. This Agreement may not be construed as having been prepared by any one of the undersigned. The parties to this Agreement and their counsel have reviewed this Agreement and specifically agree that any rule of construction, to the effect that ambiguities are to be resolved against the drafting party, shall not apply to the interpretation of this Agreement. 7. This Agreement contains the entire agreement between the undersigned and the terms herein are contractual and not a mere recital. This Agreement supersedes any other prior or contemporaneous, oral or written, agreements and contains the entire agreement of the undersigned on the matters covered. Each of the undersigned has fully and personally investigated the subject matter of this Agreement, consulted with counsel as required, and does not rely on any statement of fact or opinion of any of the other parties to this Agreement. This Agreement may only be amended by a written Agreement signed by all undersigned hereto. Page 3 of 4