4.  MEDIATION

4.1.  If the Strategic Partnership Board are unable to resolve a Dispute in accordance with Section 3 of this Schedule, the parties may agree to refer the Dispute to Mediation.  Moreover, the parties may, by agreement, refer a Dispute to Mediation at any time, whether before or after the Dispute is referred to an Expert, to arbitration or to the courts, or after the reference but before the issue of the decision of the Expert or the arbitration award or judgment of the court.

4.2.  Whenever the parties wish to have a Dispute resolved by Mediation, if they are unable to agree on the appointment of the Mediator, either party may apply to [CEDR] to nominate the Mediator.

4.3.  Each of the parties will ensure that it is represented in the Mediation by an individual with authority to settle the Dispute and to sign any settlement agreement that may be agreed.

4.4.  The Mediator shall, in consultation with the parties, determine the timetable and procedure for mediation.  Unless otherwise agreed, the CEDR Mediation Rules in force at the commencement of the Mediation will apply.

4.5.  The Mediation will be conducted on a without prejudice basis and in strict confidence.

4.6.  The Mediator shall incur no legal liability to the parties in respect of his or her role in relation to the Mediation except in the case of proven fraudulent conduct on the part of the Mediator.

4.7.  If a Dispute is settled through Mediation, the terms of the settlement will be recorded in writing in a legally binding form signed by a duly authorised representative of each of the parties.  If a settlement is reached while proceedings are pending, the parties shall make an appropriate application to the court or other relevant tribunal to render the terms of the settlement as a consent order or award.

4.8.  If within 45 calendar days for the Mediator being appointed, the Mediation has not resulted in the settlement of the Dispute being reached, then the Mediation procedure shall, unless otherwise agreed, be terminated.  In that event, any proceedings which have been stayed, will resume.

4.9.  If either party withdraws from the Mediation at any time, the Mediation procedure will be terminated and either party will be free to refer the Dispute to another Dispute Resolution Procedure in accordance with this Schedule unless proceedings have already been commenced but stayed pending the outcome of the Mediation, in which case those proceedings will resume.

4.10.  No-one appointed to act as a Mediator shall be called to give evidence in any subsequent proceedings between the parties nor shall any Mediator be entitled to act as an adviser to either party in any subsequent proceedings whether as counsel, solicitor or independent expert without the prior written consent of the other part.  The Mediator shall not act as an Expert in any subsequent Dispute.