40Unsuccessful mediation—agreement as to issues in dispute

#### 40 Unsuccessful mediation—agreement as to issues in dispute 40 Unsuccessful mediation—agreement as to issues in dispute > > (1) If a claim that is the subject of mediation is not settled before the mediation is required to be concluded, the mediator must— > > > > > (a) notify the registrar that the claim has not been settled, and > > > > > (b) require the parties to the mediation to agree on which issues are in dispute between the parties and on the facts that are relevant to those issues. > > > (2) The mediator is to certify as to what the parties have agreed as the issues in dispute and the facts relevant to those issues and is to file the certificate with the registrar and provide a copy of the certificate to each of the parties. > > > (3) When a claim that is the subject of a mediator’s certificate under this clause is before the Tribunal for determination— > > > > > (a) the Tribunal must determine the claim on the basis that the issues agreed to be in dispute are the only issues in dispute between the parties and on the basis of the agreed facts, as certified by the mediator, and > > > > > (b) the parties are not permitted to raise any other issue as an issue in dispute between the parties. > > > (4) If the parties to mediation do not agree on which issues are in dispute, each party must lodge with the Tribunal a statement of the issues that the party considers are in dispute and a statement of the facts as alleged by the party that are relevant to those issues.