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Dust Diseases Tribunal Regulation 2019
39Representation at mediation sessions
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#### 39 Representation at mediation sessions
39 Representation at mediation sessions
> > (1) Each defendant to a claim must be present or represented at a mediation session.
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> > (2) If there is a single claims manager for a claim—
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> > > (a) the single claims manager must be present or represented at a mediation session, and
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> > > (b) despite subclause (1), no other defendant for whom the single claims manager acts is required to be present or represented at a mediation session unless the mediator otherwise directs.
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> > (3) The plaintiff must be present at a mediation session (either in person or by audio visual link) unless a medical practitioner has certified that the plaintiff is not fit to be present.
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> > (4) The mediator may control who is in attendance at a mediation session and may limit the number of representatives that a party has at a mediation session.
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> > (5) A party represented at a mediation session must be represented by a person with sufficient authority to make binding decisions on behalf of the party with respect to the claim. The mediator may refuse to allow a person to represent a party at the mediation unless satisfied that the person has that authority.
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> > (6) The mediator may require that a defendant be represented at a mediation session by a designated officer of the defendant whose functions include the management or control of the administration of claims against the defendant (such as the officer designated by the title of claims manager or a similar title).