34What alternative dispute resolution includes

34 What alternative dispute resolution includes

(1) Alternative dispute resolution under this Part extends to preliminary assistance in dispute resolution, such as the giving of advice designed to ensure that—

(a) the parties are fully aware of their rights and obligations; and

(b) there is full and open communication between the parties concerning the dispute.

(2) In this Part—

S. 34(2)(a) amended by No. 33/2019 s. 21(1)(a).

(a) a reference to alternative dispute resolution includes a reference to mediation and arbitration; and

S. 34(2)(b) substituted by No. 33/2019 s. 21(1)(b).

(b) a reference to a person conducting alternative dispute resolution includes a reference to—

(i) a mediator conducting mediation; and

(ii) an arbitrator conducting arbitration.

S. 34(3) inserted by No. 33/2019 s. 21(2).

(3) The Commercial Arbitration Act 2011 does not apply to an arbitration conducted under this Division.