H–2A worker, or a class of workers, may not send a demand letter to the employer of such worker, or class of workers, regarding a violation of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ) and demanding a monetary payment without a good faith basis that there are sufficient facts to support such an allegation. (5) Third-party lawsuits All named plaintiffs in a lawsuit against the employer of an H–2A worker shall be a real party in interest and may not be a third party who is not an H–2A worker, except as otherwise expressly permitted under this Act or any other law. (6) Mediation (A) Free mediation services The Federal Mediation and Conciliation Service shall be available to assist in resolving disputes arising under this section between H–2A workers and agricultural employers without charge to the parties. (B) Lawsuits If an H–2A worker files a civil lawsuit alleging 1 or more violations of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ), not later than 60 days after filing proof of service of the complaint, a party to the lawsuit may file a request with the Federal Mediation and Conciliation Service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute. (C) Notice Upon filing a request under subparagraph (B) and giving of notice to the parties, the parties shall attempt mediation within the period specified in subparagraph (D), except that nothing in this paragraph shall limit the ability of a court to order preliminary injunctive relief to protect health and safety or to otherwise prevent irreparable harm. (D) 90-day limit The Federal Mediation and Conciliation Service may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which the Federal Mediation and Conciliation Service receives a request for assistance under subparagraph (B) unless the parties agree to an extension of such period. (E)