48Mediation

48 Mediation

(1) The procedure set out in this section applies if a party to a milk supply agreement wishes to have a dispute resolved by mediation in accordance with this Subdivision. Appointment of mediator (2) The party must request the Ombudsman to appoint a mediator for the dispute. (3) The Ombudsman: (a) must appoint a mediator from the list kept by the Ombudsman under paragraph 5A(a) within 14 days after receiving the request under subsection (2) unless the Ombudsman is satisfied that the complaint giving rise to the dispute: (i) is frivolous or vexatious; or (ii) has previously been the subject of another mediation; and (b) must give the parties to the dispute, in writing, details of the mediator appointed. Conduct of mediation (4) Subject to subsection (5), the mediator must decide: (a) how the mediation is to be conducted (for example, by telephone or in meetings); and (b) the time and place for the mediation; and (c) the day the mediation commences for the purposes of this Subdivision. (5) The mediation must be conducted in Australia. Mediator must notify Ombudsman that mediation has commenced (6) Within 14 days after the mediation has commenced, the mediator must notify the Ombudsman, in writing, that the mediation has commenced and of the nature of the dispute.

Note: The mediator decides under paragraph (4)(c) when a mediation commences.

Attendance at mediation (7) Each party to the dispute must attend the mediation and attempt to resolve the dispute. (8) For the purposes of subsection (7), a party is taken to attend a mediation to attempt to resolve a dispute if the party is represented at the mediation by a person who has authority to enter into an agreement to settle the dispute on behalf of the party. Mediator must give notice of successful mediation (9) If an agreement is reached in relation to the dispute, the mediator must, within 14 days after the agreement is reached: (a) set out, in writing, the terms of the agreement; and (b) give a copy of the terms to each party to the dispute; and (c) notify the Ombudsman that an agreement has been reached. (10) The party who requested the mediation may, at any time, withdraw the complaint that is the subject of the dispute by notice in writing to the other party to the dispute and the mediator.