14Dealing with disputes during negotiations

14 Dealing with disputes during negotiations

(1) A party negotiating an access agreement may request, in writing, the other party to resolve a dispute about one or more of the following: (a) a decision made under subclause 11(5); (b) a decision made under clause 12; (c) the proposed terms of the access agreement. (2) The request must be made before the negotiations end under clause 17. (3) Within 5 business days after receiving the request, senior representatives from each party must meet and use reasonable endeavours to resolve the dispute. (4) If the dispute is not resolved, the parties may mutually agree to undertake mediation. (5) If mediation is required under subclause (4), the party that requested resolution of the dispute under subclause (1) (the first party) must tell the other party in writing: (a) the nature of the dispute; and (b) what outcome the first party wants; and (c) what action the first party thinks will settle the dispute. (6) Either party may ask the Institute of Arbitrators & Mediators Australia to appoint a mediator. Any mediation is subject to Division 2 of this Part. (7) In conducting mediation, the mediator must take into account written representations made by a person, if the mediator considers that the person has a sufficient interest in the terms of the access agreement concerned.