Ed, my realistic approach is for members to remove the bad Directors from the Board. Then, if the MC is not doing the job get rid of them as soon as the contract allows. Get bids from MCs based on a detailed RFP with a detailed agreement which includes a termination clause that either party may terminate upon 30 days written notice without penalty and without cause.
It is unrealistic to have the members rather than the board hire the MC. It is unrealistic to try to get an agreement which does not indemnify the MC unless you really want to pay a much higher price than if you indemnify them.
One thing that would help is for courts to not accept frivolous suits and a law that states those attorneys who lose shall not receive any fees. These are my unrealistic dreams
RogerB