36Referral for mediation—appointment of mediator

#### 36 Referral for mediation—appointment of mediator 36 Referral for mediation—appointment of mediator > > (1) A claim is referred for mediation by the appointment of a mediator to conduct the mediation. > > > (2) A mediator can be appointed— > > > > > (a) by the parties by agreement, or > > > > > (b) by the registrar at the request of the parties, or > > > > > (c) by the registrar if the claim is referred for mediation by the registrar. > > > (3) A mediator appointed by the registrar must be appointed from a list of mediators compiled by the President. > > > (4) The President is to compile a list of persons considered by the President to be suitable to be mediators for the purposes of this Part. As far as practicable, mediators should be persons with experience in claims in respect of dust-related conditions. > > > (5) The persons chosen by the President are to be chosen from among a list of persons nominated jointly by the Law Society of New South Wales and the New South Wales Bar Association or, failing a nomination, of the President’s own choosing. > > > (6) If an appointment of a mediator (the former mediator) by the registrar is revoked and a new appointment of a mediator is required, the registrar before the end of the next business day— > > > > > (a) must appoint another person as mediator (the new mediator), and > > > > > (b) notify the former mediator, the new mediator and the parties to the claim of the revocation and new appointment. > > > > Note. > > > > Section 47(1)(b) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides that, if an Act or instrument confers a power on any person or body to appoint a person to an office, the power includes power to remove or suspend, at any time, a person so appointed and power to appoint some other person to act in the office of a person so removed or suspended. > > > (7) If an appointment of a mediator by the registrar is revoked, the time periods provided for by clause 35(1) are each extended by 2 business days.