45Provision of mediation and assistance

45 Provision of mediation and assistance

(1) All mediation and assistance provided under this Part must be carried out in good faith. (2) A designated mediator in relation to a dispute must inform the Ombudsman, within 28 days after being appointed, of the arrangements made for providing mediation or other assistance. (3) To resolve a dispute, the designated mediator may: (a) review documents relating to the dispute; and (b) seek the assistance of the parties to resolve the dispute; and (c) consider any other materials relevant to the dispute. (4) The parties are not required to continue to use the services of the designated mediator if the dispute has not been resolved 30 days after the start of arrangements to resolve the dispute. (5) The Ombudsman may comment on any advice given by the designated mediator. (6) The Ombudsman may make a non‑binding determination about the dispute. (7) Before making a non‑binding determination under subclause (6), the Ombudsman may allow each party to give, within the period specified by the Ombudsman, information about the following matters: (a) the contractual arrangements between the parties; (b) how the party has complied with the code; (c) what action the party has taken towards resolving the dispute; (d) how the dispute could be resolved; (e) if a non‑binding determination was made, how much time the party would require to give effect to the determination; (f) any other matters the party considers relevant.