57EFMediation

57EF Mediation

(1) Subject to this section, a mediator appointed by the parties to a dispute may decide the time and place for mediation.

(2) The mediator may, with the agreement of the parties to the dispute, appoint a technical expert to assist in the resolution of the dispute.

(3) Unless the mediation is conducted using the technology referred to in subsection (4), the mediation must be conducted in Australia.

(4) The mediation may be conducted using any technology that allows a person to participate in the mediation without being physically present at the mediation.

(5) The parties must attend the mediation.

Civil penalty:

(a) for a body corporate—600 penalty units; and

(b) for a person other than a body corporate—120 penalty units.

(6) For the purposes of subsection (5), a party is taken to attend mediation in the following circumstances:

(a) the party is represented at the mediation by a person who has the authority to enter into an agreement to settle the dispute on behalf of the party;

(b) the party, or the party’s authorised representative mentioned in paragraph (a), participates in the mediation using the technology referred to in subsection (4).

(7) 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.

(8) Within 5 business days after the start of the mediation, the mediator must advise the scheme adviser that the mediation has started.