18General rules applicable to mediation

18 General rules applicable to mediation

(1) The rules in this clause apply to mediation: (a) conducted under clause 14; or (b) provided for in an access agreement entered into on a port terminal service provider’s standard terms. (2) The mediator may decide the time and place (which must be in Australia) for mediation. (3) The parties must attend the mediation and try to resolve the dispute. (4) For subclause (3), a party is taken to attend mediation if 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. (5) For subclause (3), a party will be taken to be trying to resolve a dispute if the party does all of the following: (a) attends and participates in meetings at reasonable times; (b) at the beginning of the mediation process, makes the party’s intention clear as to what the party is trying to achieve through the mediation process; (c) observes any obligations relating to confidentiality that apply during or after the mediation process; (d) does not take any action during the dispute that has the effect of damaging the reputation of the system of providing access to port terminal services; (e) takes action during the dispute, if refusal to act would have the effect of damaging the reputation of the system of providing access to port terminal services.