44Termination of mediation

44 Termination of mediation

(1) The mediator of a dispute under this Part may terminate the mediation at any time if the mediator is satisfied that a resolution of the dispute is not likely to occur. (2) If the complainant in a mediation under this Part asks the mediator to terminate the mediation, the mediator must do so. (3) If: (a) at least 30 days have elapsed since the start of the mediation of a dispute under this Part; and (b) the dispute has not been resolved; the respondent may ask the mediator to terminate the mediation, and the mediator must do so.

Note: The mediator decides under subclause 40(7) when a mediation commences.

(4) If the mediator terminates the mediation, the mediator must issue a certificate stating: (a) the names of the parties; and (b) the nature of the dispute; and (c) that the mediation has finished; and (d) that the dispute has not been resolved. (5) The mediator must give a copy of the certificate to: (a) the Ombudsman; and (b) each of the parties to the dispute.