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thirty(30) days of the report of the dispute to the first of the governing bodies or, if there is no such report, within ninety(90) days from the presentation of the initial request to the Mayor or Chairperson, then the Parties will proceed as described in Section 9.7.5. 9.7.5 Mandatory,Non-binding Mediation If the Parties are unable to resolve a dispute pursuant to Section 9.7.4, either Party may file a written demand for mediation of the dispute. The Parties agree to submit the dispute to mandatory, non-binding mediation by a mutually agreed on neutral third party (provided by the American Arbitration Association, JAMS or other such organization) with offices in the San Francisco Bay Area. Performance by either of the Parties of their obligations under the Agreement shall not be interrupted or delayed due to mediation proceedings,unless otherwise agreed upon by the Parties. The mediator shall meet with the Parties together and/or alone as needed in an attempt to facilitate the resolution of the dispute. The cost of the mediation shall be shared equally. 9.7.6 Judicial Decision If neither Party demands mediation within thirty(30) days after the failure of the governing boards to reach agreement under Section 9.7.4, or if a mediator has not been selected within thirty (30) days of the demand, or if the mediator is unsuccessful in facilitating the resolution of the dispute within four(4)weeks of being selected, or in the event of a dispute described in Section 9.7.2, the Parties may resort to such other recourse as -27- 1091374.7