38Appointment of member of Mediators Panel and ADR process

38 Appointment of member of Mediators Panel and ADR process if agreement not reached (a) an agreement has not been reached on an ADR process and the facilitator or mediator to be used to achieve a negotiated outcome by the end of the period nominated under regulation 37(3)(d); or (b) a party has not responded to a notice given under regulation 37(2) by the end of the period nominated under regulation 37(3)(d). (2) The party who gave the notice may apply to the CEO for the appointment of a member of the Mediators Panel under Division 4, Subdivision 1, to conduct a mediation under Division 4, Subdivision 2. (3) If an ADR process is to be conducted, Division 4 applies with the following modifications: (a) the party seeking the variation must provide a draft of the variation, or of the access agreement as varied, for the purposes of the ADR process; (b) the reference in regulation 26(1)(a)(i) to the interest holder will be taken to be a reference to the party seeking the variation; (c) the party seeking the variation will be responsible for any costs referred to in regulation 28(1) (and a reference to the designated person will be taken to be a reference to the other party or parties to the access agreement). (4) If an ADR process terminates under Division 4 without the parties agreeing on a variation, the party who proposed the variation may apply to the Tribunal under Division 8 for the resolution of the matter.