Farm Business Debt Mediation Act 2017
sec.23Representation at mediation meetings
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sec.23 Representation at mediation meetings
A party to a mediation may be represented at a mediation meeting by— an agent, with the mediator’s approval; or if the party is a corporation—an officer or employee of the corporation. The mediator may approve a party be represented by an agent if the mediator is satisfied— the party’s representation by an agent would assist the mediation; and the agent has sufficient knowledge of the issues to be able to represent the party effectively. The mediator may— give the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and withdraw the approval if the agent does not comply with the conditions. A person representing a party at a mediation meeting must be authorised in writing to enter into a heads of agreement for the party. If another mediation meeting is required because a person representing a party at a mediation meeting does not have the authority mentioned in subsection (4) , the party must pay— the other party’s costs for the other meeting; and the mediator’s fee and costs for the other meeting. (sec.23-ssec.1) A party to a mediation may be represented at a mediation meeting by— an agent, with the mediator’s approval; or if the party is a corporation—an officer or employee of the corporation. (sec.23-ssec.2) The mediator may approve a party be represented by an agent if the mediator is satisfied— the party’s representation by an agent would assist the mediation; and the agent has sufficient knowledge of the issues to be able to represent the party effectively. (sec.23-ssec.3) The mediator may— give the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and withdraw the approval if the agent does not comply with the conditions. (sec.23-ssec.4) A person representing a party at a mediation meeting must be authorised in writing to enter into a heads of agreement for the party. (sec.23-ssec.5) If another mediation meeting is required because a person representing a party at a mediation meeting does not have the authority mentioned in subsection (4) , the party must pay— the other party’s costs for the other meeting; and the mediator’s fee and costs for the other meeting.
- (a) an agent, with the mediator’s approval; or
- (b) if the party is a corporation—an officer or employee of the corporation.
- (a) the party’s representation by an agent would assist the mediation; and
- (b) the agent has sufficient knowledge of the issues to be able to represent the party effectively.
- (a) give the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and
- (b) withdraw the approval if the agent does not comply with the conditions.