72

72 Termination of an ADR process by an ADR practitioner

(1) This section applies to an ADR process for a dispute if: (a) at least 30 days have elapsed after the day the ADR practitioner for the ADR process was appointed; and (b) the dispute has not been resolved. (2) The ADR practitioner may terminate the ADR process at any time unless satisfied that a resolution of the dispute is imminent. (3) However, if: (a) the ADR process is mediation; and (b) a party asks the ADR practitioner to terminate the ADR process for the dispute; and (c) the party gives written reasons for the request; the ADR practitioner must terminate the ADR process. (4) If the ADR practitioner terminates the ADR process for a dispute under this section, the ADR practitioner must issue a certificate stating: (a) the names of the parties; and (b) the nature of the dispute; and (c) that the ADR process for the dispute has finished; and (d) that the dispute has not been resolved; and (e) the reason for terminating the ADR process for the dispute. (5) The ADR practitioner must give a copy of the certificate to: (a) the Australian Small Business and Family Enterprise Ombudsman; and (b) each of the parties to the dispute; and (c) the Code Supervisor.