69Conduct of an ADR process

69 Conduct of an ADR process

(1) Subject to subsection (2), an ADR practitioner appointed for a dispute may decide the time and place for the ADR process for the dispute. (2) The ADR process must be conducted in Australia and may be conducted by means of virtual attendance technology. (3) The parties must try to resolve the dispute.

Note: For when a party is taken to be trying to resolve a dispute, see section 71.

Civil penalty:

(a) for a contravention by a body corporate—3,200 penalty units; or
(b) for a contravention by a person who is not a body corporate—640 penalty units.

(4) If the ADR process is arbitration, the arbitration is to be conducted in accordance with the written agreement between the parties that is consistent with this Subdivision. Whether the dispute is vexatious, trivial, misconceived or lacking in substance (5) The ADR practitioner must not decide that a dispute relating to: (a) section 20 (unilateral variation of agreement); or (b) section 21 (retrospective variation of agreement); is vexatious, trivial, misconceived or lacking in substance only because the supplier’s only ground in relation to the dispute is detriment to the supplier.