71Ombudsman may recommend alternative dispute resolution process

71 Ombudsman may recommend alternative dispute resolution process

(1) If a person requests the Ombudsman to give assistance in a dispute in relation to a relevant action, the Ombudsman may make recommendations on how the dispute may be managed. (2) Without limiting subsection (1): (a) the Ombudsman may recommend that the parties to the dispute should take part in an alternative dispute resolution process, or alternative dispute resolution processes, of the kind specified in the recommendation; and (b) the Ombudsman may recommend that the alternative dispute resolution process or processes be conducted by one or more of a group of persons specified in the recommendation who are drawn from the list of alternative dispute resolution providers published by the Ombudsman under section 72. (3) The Ombudsman must not recommend a group of alternative dispute resolution providers under paragraph (2)(b), unless the Ombudsman reasonably believes that, having regard to the following matters, those providers are best suited to assist the parties in the dispute: (a) the qualifications and experience of the providers; (b) the convenience of the parties in accessing assistance by the providers; (c) the cost to the parties in accessing assistance by the providers. (4) If the Ombudsman recommends an alternative dispute resolution process or alternative dispute resolution processes, the Ombudsman must give notice, in writing, of the recommendation to the parties to the dispute. (5) The notice must include a warning that if: (a) the parties do not undertake an alternative dispute resolution process, or alternative dispute resolution processes, of the kind specified in the recommendation; or (b) withdraw from an alternative dispute resolution process, or alternative dispute resolution processes, of the kind specified in the recommendation; the Ombudsman may publicise that fact.