4.1 If the parties have been unable to resolve the Dispute within ten (10) Business Days of referral to the Liaison Committee, they may (if both parties so agree) refer the Dispute to mediation on such conditions as may be agreed between the parties. Any mediation shall be completed within thirty (30) Business Days of such referral and any decision arising therefrom shall be final and binding unless otherwise agreed by the parties.
4.2 Mediation shall not be a precondition to the commencement of Adjudication, Arbitration or court proceedings.