sch.5-sec.13Disputes and mediation (CNL s129)

sch.5-sec.13 Disputes and mediation (CNL s129)

The grievance procedure set out in this rule applies to disputes under these rules between: a member and another member; or a member (including a former member) and the co-operative. If a dispute arises, a party cannot commence any court or arbitration proceedings relating to the dispute unless it has complied with the provisions of this rule, except where a person seeks urgent interlocutory relief. The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days of: the dispute coming to the attention of each party; or a party giving notice, to each of the other parties involved, of the dispute or grievance. If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, the parties must, as soon as is practicable, hold a meeting in the presence of a mediator. The mediator is, where possible, to be a person chosen by agreement between the parties, but in the absence of agreement between the parties: for a dispute between a member and another member, a person appointed by the board; or for a dispute between a member (including a former member) and the co-operative, a person appointed by the Australian Mediation Association. The mediator may (but need not) be a member of the co-operative, unless the member is a party to the dispute. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation. The mediator, in conducting the mediation, must: give the parties to the mediation process every opportunity to be heard; and allow due consideration by all parties of any written statement submitted by any party; and ensure that natural justice is accorded to the parties to the dispute throughout the mediation process. The mediator cannot determine the dispute. The mediation must be confidential and without prejudice. The costs of the mediation are to be shared equally between the parties unless otherwise agreed. Nothing in this rule applies to any dispute as to the construction or effect of any mortgage or contract contained in any document other than these rules. Nothing in this rule applies to any dispute involving the expulsion or suspension of a member or the imposition of a fine. If the mediation process does not result in the dispute being resolved, each party may seek to resolve the dispute in accordance with the Law or otherwise at law. Section 130 of the Law applies if mediation does not resolve the dispute. (sch.5-sec.13-ssec.1) The grievance procedure set out in this rule applies to disputes under these rules between: a member and another member; or a member (including a former member) and the co-operative. (sch.5-sec.13-ssec.2) If a dispute arises, a party cannot commence any court or arbitration proceedings relating to the dispute unless it has complied with the provisions of this rule, except where a person seeks urgent interlocutory relief. (sch.5-sec.13-ssec.3) The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days of: the dispute coming to the attention of each party; or a party giving notice, to each of the other parties involved, of the dispute or grievance. (sch.5-sec.13-ssec.4) If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, the parties must, as soon as is practicable, hold a meeting in the presence of a mediator. (sch.5-sec.13-ssec.5) The mediator is, where possible, to be a person chosen by agreement between the parties, but in the absence of agreement between the parties: for a dispute between a member and another member, a person appointed by the board; or for a dispute between a member (including a former member) and the co-operative, a person appointed by the Australian Mediation Association. (sch.5-sec.13-ssec.6) The mediator may (but need not) be a member of the co-operative, unless the member is a party to the dispute. (sch.5-sec.13-ssec.7) The parties to the dispute must, in good faith, attempt to settle the dispute by mediation. (sch.5-sec.13-ssec.8) The mediator, in conducting the mediation, must: give the parties to the mediation process every opportunity to be heard; and allow due consideration by all parties of any written statement submitted by any party; and ensure that natural justice is accorded to the parties to the dispute throughout the mediation process. (sch.5-sec.13-ssec.9) The mediator cannot determine the dispute. (sch.5-sec.13-ssec.10) The mediation must be confidential and without prejudice. (sch.5-sec.13-ssec.11) The costs of the mediation are to be shared equally between the parties unless otherwise agreed. (sch.5-sec.13-ssec.12) Nothing in this rule applies to any dispute as to the construction or effect of any mortgage or contract contained in any document other than these rules. (sch.5-sec.13-ssec.13) Nothing in this rule applies to any dispute involving the expulsion or suspension of a member or the imposition of a fine. (sch.5-sec.13-ssec.14) If the mediation process does not result in the dispute being resolved, each party may seek to resolve the dispute in accordance with the Law or otherwise at law.