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meetings will be useful. If the issue(s)is not resolved at step one, either party can request <br /> the issue(s)be moved to step two. <br /> B. Mediation. Either party may request the issue(s) be submitted to <br /> mediation to seek resolution. To do so, that party submits a written request to the other <br /> party for mediation. When the request for mediation is submitted to the other party, the <br /> party submitting the request for mediation shall contact JAMS for a list of three (3) <br /> potential mediators. The parties will seek to agree on a mediator from the list of mediators <br /> provided. In the event the parties cannot agree on the mediator, each party may strike <br /> one of the three (3) mediators and the remaining mediator will be the mediator selected <br /> to mediate the dispute. The issue(s) will be submitted to a one-half day mediation to the <br /> JAMS mediator unless the parties agree to a longer mediation. If the step two mediation <br /> does not resolve the dispute,either party may submit the issues to step three of the dispute <br /> resolution process. <br /> C. Litigation. If mediation is unsuccessful, either party may seek <br /> resolution through litigation. <br /> D. Access Arbitration. If the dispute includes a claim by the City <br /> that YMCA is not providing access to the YMCA Pool as required under Section 2 <br /> above,then the City may provide notice to the YMCA that it desires access arbitration. <br /> The arbitration will be conducted by a three member panel. Each party will each select <br /> one panel member, and those two panel members will select the third panel member. <br /> Each party shall pay the costs of its chosen arbitrator, with all other arbitration costs <br /> split evenly between the parties. If the panel determines that the YMCA is not <br /> providing access as required under Section 2 above,the panel has broad authority to <br /> determine an appropriate remedy, including without limitation authority to: <br /> • Order changes to the YMCA Pool open hours, on a temporary or <br /> permanent basis <br /> • Order additional YMCA Pool staffing, on a temporary or <br /> permanent basis <br /> • Order temporary increase in the Open Hours Requirement <br /> beyond 74.5 hours per week <br /> • Order the YMCA to pay for and implement independent <br /> compliance monitoring, on a temporary or permanent basis <br /> • Order temporary limits to hours that may be used for YMCA <br /> Programming <br /> 11 <br />