sec.32When mediation ends

sec.32 When mediation ends

Mediation for a farm business debt ends when— the parties have entered into a heads of agreement and the mediator is satisfied there are no matters relating to the debt that have not been resolved by the parties; or the parties have not entered into a heads of agreement, but— either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.

• (a) the parties have entered into a heads of agreement and the mediator is satisfied there are no matters relating to the debt that have not been resolved by the parties; or
• (b) the parties have not entered into a heads of agreement, but— (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.
• (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or
• (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or
• (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.
• (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or
• (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or
• (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.