10 The Parties will be responsible for the fees and expenses of CEDR Solve and the Mediator ("the Mediation Fees") in accordance with CEDR Solve's Terms and Conditions of Business current at the date of this Agreement.
11 Unless otherwise agreed by the Parties and CEDR Solve in writing, each Party agrees to share the Mediation Fees equally and also to bear its own legal and other costs and expenses of preparing for and attending the Mediation ("each Party's Legal Costs") prior to the Mediation. However, each Party further agrees that any court or tribunal may treat both the Mediation Fees and each Party's Legal Costs as costs in the case in relation to any litigation or arbitration where that court or tribunal has power to assess or make orders as to costs, whether or not the Mediation results in settlement of the Dispute.