157Appointment of mediator

157 Appointment of mediator

157 Appointment of mediator

(1) This section applies if a small shipper makes an election under section 156.

(2) The parties to the access dispute may agree to appoint, in accordance with the Rules, a mediator to resolve the dispute.

(3) If the parties do not agree to the appointment of a mediator within a period specified by the Rules, the AER must—

(a) consult with the parties to the dispute about the appointment of a mediator; and

(b) after consultation, appoint a mediator the AER considers appropriate for the dispute.

(4) A mediator must be a person who—

(a) is independent of the parties to the dispute; and

(b) is properly qualified to act in the resolution of the dispute; and

(c) has no direct or indirect interest in the outcome of the dispute.

(5) If a mediator does not, for any reason, complete a mediation of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative mediator to resolve the dispute.

(6) However, if the parties do not agree to the appointment of an alternative mediator within a period specified by the Rules, the AER must appoint another mediator in the way set out under subsection (3).

(7) If an alternative mediator does not, for any reason, complete a mediation of the dispute, the dispute must be determined by the relevant adjudicator for the dispute under Part 5.

s 157: Subst 2022 No 21, sec 75.