22Standard terms to include dispute resolution mechanism

22 Standard terms to include dispute resolution mechanism

(1) A port terminal service provider’s standard terms must include a dispute resolution mechanism to deal with disputes between the parties to an access agreement to which the provider is a party. (2) The dispute resolution mechanism must include a mechanism for mediation of disputes and allow parties to request mediation of a dispute. (3) The mechanism for mediation of disputes must provide: (a) that if the parties cannot agree within a time specified in the agreement, either party may refer the matter to a mediator; and (b) that if the parties cannot agree about who should be the mediator, either party may ask the Institute of Arbitrators & Mediators Australia to appoint a mediator; and (c) that Division 2 of this Part applies to mediation conducted under the mechanism.