So long as we pay the remaining length of his contract, a termination doesn't need to be 'mutual'..... Mutual would be where typically a compromise in pay off is reached between us & Conte as both parties are amicably seeking a parting of ways (or even a full pay-off, but just with the public perception that no one party is to shoulder blame).
If we're seeking go down the Gross Misconduct path then that's equates to a typical firing in the workplace and if proven credible would negate the requirement for a pay-off as he would stand accused of having essentially breached said contract.
Sounds the most practical yes.... Gets him out of our hair in the short-term and gives the breathing space to further explore whether or not he is in breach of his contract or not.... That said, you'd assume that any half decent legal team would need days at most (not weeks or months) to make that call.