(1) The compulsory conference may be held with a mediator if all parties agree.
(2) An agreement that the compulsory conference is to be held with a mediator must specify how the costs of the mediation are to be borne.
(3) The mediator must be a person independent of the parties—(a) agreed to by the parties; or(b) nominated by the registrar of the court on application under subsection (4) .
(4) If the parties are unable to agree on the appointment of a mediator within 21 business days after the date for the compulsory conference is fixed, any party may apply to the registrar of the court for the nomination of a mediator.