57EDAttempt to resolve dispute before mediation

57ED Attempt to resolve dispute before mediation

(1) If the initiating party wishes to initiate action to resolve the dispute in accordance with this Division, the initiating party must give written notice to the responding party of the following:

(a) the nature of the dispute;

(b) the matter that is the subject of the dispute;

(c) the way in which that matter relates to the application of this Part;

(d) what outcome the initiating party wants;

(e) what action the initiating party thinks will resolve the dispute.

(2) The parties must then try to resolve the dispute.

Note: For when a party is taken to have tried to resolve a dispute, see section 57EE.

(3) If the parties cannot agree how to resolve the dispute within 2 business days, either party may refer the matter to a mediator for mediation under this Division.

(4) If the parties cannot agree on who should be the mediator, either party may request the scheme adviser to nominate a mediator.

(5) Within 2 business days after a request is made under subsection (4), the scheme adviser must nominate a mediator for the dispute.