25ADR process

25 ADR process (1) An ADR process may be a dispute resolution process of any type, other than an arbitration. Examples for subregulation (1) Conciliation, facilitated negotiation, case appraisal or mediation. (2) Depending on any agreement between the interest holder and the designated person under regulation 18(2), or on whether the CEO has appointed a mediator under regulation 23(1), an ADR process will be conducted by a facilitator or a mediator (an ADR convenor). (3) The ADR convenor must, at the earliest opportunity, fix a day and time, and determine the manner and process, for conducting the ADR process and give notice of these details to the interest holder and the designated person (the parties). (4) The ADR convenor may, by further notice to the parties, vary the day and time fixed for conducting the ADR process.

Petroleum Regulations 2020 18 (5) The manner and process for conducting the ADR process may include a meeting in person, or a meeting conducted by telephone, video or other electronic means, or a combination of meetings using any meeting facilities or processes. (6) The ADR convenor conducting an ADR process: (a) must use the ADR convenor's best endeavours to bring the parties to a negotiated outcome for an access agreement acceptable to all of them; and (b) must give the parties a reasonable opportunity to be heard but otherwise may use any process the ADR convenor considers appropriate in the circumstances, including by communicating with the parties collectively or separately; and (c) must allow a party to be represented by a legal practitioner, or may allow a party to be assisted by another person if the ADR convenor considers that this is reasonable and that the person is a suitable person in the circumstances; and (d) must treat information obtained by the ADR convenor from a party with whom the ADR convenor communicates separately as confidential, unless the party otherwise agrees. (7) For the purposes of an ADR process: (a) the interest holder must provide a draft access agreement; and (b) the designated person may provide a draft access agreement as well (if the designated person considers it appropriate).