32Representation and assistance during mediation

32 Representation and assistance during mediation

(1)  Parties to a mediation are not entitled to be represented by an agent at the mediation unless the representation by the agent is approved by the mediator.

(2)  A mediator may only approve representation by an agent, who may or may not be an Australian legal practitioner, at a mediation under subsection (1) if the mediator is satisfied that –

(a) an agent should be permitted to facilitate the mediation; and

(b) the agent proposed to be appointed has sufficient knowledge of the issue concerned to enable the agent to represent the party effectively.

(3)  An approval by a mediator under subsection (1) may be given subject to any conditions that the mediator considers reasonable to ensure that the other party to the mediation is not substantially disadvantaged by the agent appearing at the mediation.

(4)  An agent approved by a mediator under subsection (1) must comply with any conditions placed under subsection (3) on the appearance of the agent at the mediation.

(5)  An agent, approved by a mediator under subsection (1) , must not attend a mediation unless the agent has been given a written authority, by the farmer or the Creditor that the agent represents, authorising the agent to enter into a mediation agreement.

(6)  Subsection (1) does not prevent a corporation, within the meaning of the Corporations Act 2001 of the Commonwealth, that is a party to a mediation from being represented at the mediation by an officer of the corporation.

(7)  Despite this section, a farmer who is a party to a mediation is entitled to have an advisor, who may or may not be an Australian legal practitioner, present at the mediation and the farmer is entitled to call upon that advisor for advice and counsel during the mediation.

(8)  A contravention of this section does not invalidate a mediation.