93.—(1) Unless the steps (if any) taken under section 92 have resulted in the parties agreeing a resolution of the matter concerned, the Board shall request each of the parties to state whether he or she consents to the dispute being the subject of mediation under section 95.

(2) If each of the parties states, in response to that request, that he or she consents to the dispute being the subject of such mediation the Board shall arrange for the matter to be the subject of mediation by a person appointed by it from amongst the panel of mediators under section 164(4).

F180[(2A) F181[…]]

(3) If any of the parties fails to respond to a request under subsection (1) or responds by stating that he or she does not consent to the matter concerned being the subject of mediation under section 95, the Board shall arrange for the matter to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4).

(4) This section is subject to section 94.