1: For the purpose of this schedule:
Manager and Senior Manager shall, in relation to each party, mean the person designated as such in writing by that party.
2: The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement (a Dispute):
- in the first instance through negotiation between the respective representatives of the parties having authority to settle the matter in accordance with the procedures set out in paragraphs 2 and 4 of this schedule; and
- if such negotiations do not resolve the Dispute to the satisfaction of each of the parties pursuant to paragraphs 2 and 4 , in accordance with the procedures set out in paragraph 5 of this schedule.
3: Paragraph 2(a) shall be a condition precedent to the commencement of any court proceedings (except where injunctive relief is an appropriate remedy for the relevant action), but either party may issue and commence court proceedings prior to or contemporaneously with the exercise of the procedure set out in paragraph 2(b).
4: Any Dispute relating to this Agreement that has not been resolved in accordance with paragraph 2(a):
- shall be referred to and addressed by the parties respective Managers;
- if any Dispute has not been resolved by the Managers within 10 Business Days of either party first referring the issue to them, it shall be referred to the parties respective Senior Managers as set out in paragraph 6 of this schedule.
5: If the Dispute has not been resolved within 20 Business Days of initial referral to the parties’ Managers pursuant to paragraph 4 above then either party may refer the Dispute for resolution in accordance with the procedures set out in paragraph 6 of this Schedule.
6: The parties agree that, subject to paragraph 4 and 5 of this schedule, either of them may refer any Dispute for non-binding mediation pursuant to this paragraph 6. The following provisions shall apply to any such reference to mediation:
- The reference shall be a reference under the Model Mediation Procedure (MMP) of the Centre for Dispute Resolution (CEDR) for the time being in force.
- Both parties will forthwith upon such referral co-operate fully, promptly and in good faith with CEDR and the appointed mediator and will (without limitation) do all such acts and sign all such documents as CEDR or the mediator may reasonably require to instigate the mediation process, including, without limitation, an agreement in or substantially in the form of CEDR's Model Mediation Agreement for the time being in force.
- To the extent not provided for by such Agreement or the MMP:
- The mediation shall commence by either party serving on the other written notice setting out in summary form the issues in Dispute and calling upon that other party to agree the appointment of a mediator.
- The mediation shall be conducted by a sole mediator (which shall not exclude the presence of a pupil mediator) agreed between the parties or where agreement cannot be reached on the identity of the mediator, by a mediator appointed by CEDR.
- Without prejudice to the provisions of paragraph 2 above, if and to the extent that the parties do not resolve any Dispute or any issue in the course of any mediation either party shall be at liberty to commence or continue court proceedings in respect of such unresolved Dispute or issue.