44Dispute resolution procedure—disputes other than under clause 43

44 Dispute resolution procedure—disputes other than under clause 43

(1) For a dispute to which clause 43 does not apply, the parties must attempt to agree about how to resolve the dispute, unless the Ombudsman is satisfied that there is no reason to attempt negotiation. (2) If the parties attempt to agree about how to resolve the dispute: (a) the parties may agree to refer the matter to a person to provide mediation or other assistance; or (b) if the parties cannot agree to refer the matter: (i) the parties must notify the Ombudsman that they cannot agree; and (ii) the Ombudsman must appoint a person (a designated mediator) to provide mediation or other assistance within 7 days after the Ombudsman has been notified. (3) The designated mediator must decide: (a) the time for providing the mediation or assistance; and (b) a place in Australia for providing the mediation or assistance. (4) The parties must try to resolve the dispute with the assistance of the designated mediator. (5) In trying to resolve the dispute, a party: (a) must be represented by a person who has authority to enter an agreement to settle the dispute on behalf of the party; and (b) may, with the agreement of the designated mediator, be advised or otherwise assisted by another person. (7) The parties are the only persons authorised by this code to enter into any agreement that is necessary to settle the dispute. (8) If the designated mediator thinks that the matters in dispute may apply more generally, the designated mediator may attempt to reach a general resolution to those matters, including by: (a) asking the supplier to raise the matters with the supplier’s dealer council; or (b) dealing with other disputes which have common features with the matter for which the person is appointed.