3. Disputes that cannot be mediated

A mediation shall not be conducted in respect of any dispute the settlement of which requires the inclusion of terms that can be given effect to only on a decree or order of court including in respect of any dispute set out in the schedule hereto:

Provided however, that matters relevant to such disputes may be mediated for the purpose of submitting terms of settlement to court for consideration of incorporation in a judgement, decree or order in compliance with applicable law.