189Costs of mediation of access disputes involving small shippers

189 Costs of mediation of access disputes involving small shippers

189 Costs of mediation of access disputes involving small shippers

(1) This section applies in relation to an access dispute involving small shippers that is referred to mediation under this Chapter.

(2) The parties to the mediation bear their own costs.

(3) The costs of the mediation (including costs associated with the mediation process and the cost of the mediator) must be shared equally between the parties to the mediation.

(4) Subsections (2) and (3) apply subject to any agreement between the parties to the access dispute about who will bear any costs (or a particular share of any costs) in the particular case.

(5) Costs that are payable to the mediator under this section—

(a) are a debt due by the party to the mediator; and

(b) may be recovered by the mediator in a court of competent jurisdiction.

s 189: Subst 2022 No 21, sec 75.