103Mediation or other alternative dispute resolution

103 Mediation or other alternative dispute resolution

(1) A party to a mediation or other form of alternative dispute resolution may be represented by a legal practitioner.

(2) However, the mediator or person conducting the other form of alternative dispute resolution (the ADR official) may meet with a party (alone or together with any other party) without the party's legal representative being present.

(3) The mediator or ADR official may act under subsection (2) only if they consider it appropriate to do so.

(4) The mediator or ADR official must determine the costs of, and associated with, the mediation or other form of alternative dispute resolution (including their own fees and expenses).

(5) The parties must pay the costs determined under subsection (4) in the proportions that they agree or, if they cannot agree, in equal shares.

(6) The Small Business Commissioner appointed under section 18 of the Small Business Commission Act 2017 may personally act as a mediator or ADR official and is entitled to be paid their fees and expenses for doing so.

(7) The Small Business Commissioner's fees and expenses referred to in subsection (6) must not exceed the maximum amount (if any) that is prescribed.

(8) A mediator or ADR official (including the Small Business Commissioner) is not civilly or criminally liable in respect of the performance, in good faith, of their functions under this section.

S. 104 inserted by No. 63/2017 s. 18.