71When a party is taken to be trying to resolve a dispute

71 When a party is taken to be trying to resolve a dispute

(1) A party will be taken to be trying to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including doing any of the following: (a) attending and participating in meetings at reasonable times; (b) both: (i) making the party’s intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and (ii) observing any obligations relating to confidentiality that apply during or after the process; (c) not taking or refusing to take action during the period of the dispute, including refusing to accept goods or to make payments, that has the purpose or effect of applying pressure to resolve the dispute. (2) To avoid doubt, a party may cease acting as required under subsection (1) if the ADR practitioner appointed for the dispute finds that: (a) the dispute is vexatious, trivial, misconceived or lacking in substance; or (b) the other party to the dispute is not acting in good faith; or (c) under subsection 55(2), the large grocery business has entered into a written agreement with the supplier under which the large grocery business agrees to perform one or more proposed remedies for dealing with a complaint that is the same as the dispute.