If the Council/franchising authority and a franchised MCS provider agree to such, and the federal or State law does not expressly prohibit such, then arbitration or settlement mediation may be used to resolve any dispute that arises out of this ordinance or franchise agreement. The terms and conditions relating to the arbitration or settlement mediation process (including possible cap on costs expended by both parties, composition of the hearing panel, and liability, if any for costs expended) shall be stated with specificity in the franchise agreement.