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8 DISPUTE RESOLUTION <br />8.1 Preventive Discussions. <br />8.1.1 Grantor, Grantee, and Co -Grantee will promptly give the other Parties notice of <br />problems or concerns arising in connection with the others' actions under this <br />Easement or the use of or activities or conditions on the Protected Property, and <br />will meet as needed, but no later than fifteen (15) business days after receipt of <br />a written request for a meeting, to minimize the same. <br />8.1.2 Grantee shall invite each Beneficiary to this Easement to such preventive <br />discussion meetings provided for in this Section 8, however, the Beneficiaries <br />are not required to attend such meetings. <br />8.2 Mediation. If the Parties disagree as to the consistency of any proposed use or activity <br />with the Purpose or terms of this Easement and the Parties are unable to resolve such <br />disagreement through unassisted preventive discussions between themselves and each <br />Beneficiary to this Easement, and if Grantor agrees not to proceed with the use or <br />activity pending resolution of the dispute, Grantor, Grantee and/or Co -Grantee shall <br />refer the dispute to mediation by request made in writing upon the other and with notice <br />to NRCS and RCO (who have full discretion to participate or not to participate in the <br />mediation). Within ten (10) business days of the receipt of such a request, the parties <br />to the mediation ("Mediation Parties") shall select a single impartial mediator. <br />Mediation shall then proceed in accordance with the following guidelines: <br />8.2.1 Purpose. The purpose of the mediation is to: (a) promote discussion among the <br />Mediation Parties; (b) assist the Mediation Parties to develop and exchange <br />pertinent information concerning the issues in dispute; and (c) assist the <br />Mediation Parties to develop proposals which enable them to arrive at a mutually <br />acceptable resolution of the controversy. The mediation is not intended to result <br />in any express or de facto modification or amendment of the terms, conditions <br />or restrictions of this Easement. <br />8.2.2 Participation. The mediator may meet with the Mediation Parties and their <br />counsel jointly or ex parte. The Mediation Parties agree that they will participate <br />in the mediation process in good faith and expeditiously, attending all sessions <br />scheduled by the mediator. Representatives of all Mediation Parties with <br />settlement authority will attend mediation sessions as requested by the mediator. <br />8.2.3 Confidentiality. All information presented to the mediator shall be deemed <br />confidential and shall be disclosed by the mediator only with the consent of the <br />Mediation Parties or their respective counsel. The mediator shall not be subject <br />to subpoena by any party. No statements made or documents prepared for <br />mediation sessions shall be disclosed in any subsequent proceeding or construed <br />-20- <br />