4.1 If the relevant Parties have been unable to resolve the Dispute within ten (10) Business Days of referral in accordance with paragraph 3.2 above, they may (if the relevant Parties so agree) refer the Dispute to mediation in accordance with this paragraph 4. Any mediation shall be completed within forty (40) Business Days (or such longer period as the Parties may agree, acting reasonably) of such referral and any agreement reached by the parties and recorded in writing by them shall be binding upon the parties.
4.2 Mediation shall not be a precondition to the commencement of Arbitration.
4.3 Mediation may be conducted using a sole mediator or (where the Parties agree acting reasonably that more than one mediator is required) co-mediators (the "Mediator(s)") (such expression not to exclude the presence of a pupils or assistant mediators) and the Parties shall agree to conduct the mediation in or substantially in accordance with either:
4.3.1 the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure 10th Edition (April 2008) ("MMP") for the time being used and the terms of the Model Mediation Agreement attached as Appendix 1 (CEDR Mediation Agreement) to this Schedule Part 21; or
4.3.2 the procedures set out in the Mediations Guide of Core Mediation, Rutland House, 19 Rutland Square, Edinburgh, Eh1 2BB ("Core") which are attached as Appendix 2 (CEDR Model Mediation Procedure) to this Schedule Part 21,
as agreed between the parties to the Dispute
4.4 The Mediator(s) shall be accredited mediator(s) agreed between the parties to the Dispute, or in default of agreement within fourteen (14) days of notice to mediate served pursuant to paragraph 4.5, appointed by Core/CEDR (as appropriate).
4.5 During the course of the mediation the relevant Parties shall co-operate fully, promptly and in good faith with Core/CEDR (as appropriate) and the Mediator(s) in the performance of their obligations under this paragraph 4, including the signing of Core's/CEDR's (as appropriate) standard agreement to mediate subject to any reasonable amendments agreed by the parties to the Dispute. Any breach or default by any relevant Party to the Dispute of this paragraph 4 shall forthwith release:
4.5.1 the other(s) from further compliance with this paragraph 4; and
4.4.1 Core/CEDR and the other relevant Parties from any mediation agreement signed between them (save for any accrued financial obligations to Core/CEDR and/or the Mediator(s)),
and the mediation shall be deemed to be abandoned.
4.6 Mediation shall commence by any Party to the dispute serving on the other(s) written notice to mediate pursuant to this paragraph (a "Notice to Mediate").
4.7 Unless they agree otherwise, the Parties shall share equally the fees, costs and expenses relating to the mediation and each Party shall pay its own expenses of preparation for, and participant and representation in, the mediation.