51Panel to mediate dispute

51 Panel to mediate dispute

(1)  A mediation panel in relation to a dispute may mediate in a dispute and may impose conditions that must be satisfied if the mediation is to proceed.

(2)  If a mediation panel proceeds with the mediation, the mediation panel –

(a) may give directions to the parties to the dispute to assist in the resolution of the dispute; and

(ab) [Section 51 Subsection (2) amended by No. 9 of 2023, s. 58, Applied:01 Jul 2024] may request the parties to the dispute to provide information or documentation, that may be relevant to the resolution of the dispute, within the time frame specified by the mediation panel; and

(ac) [Section 51 Subsection (2) amended by No. 9 of 2023, s. 58, Applied:01 Jul 2024] is to have regard to the Guide to Standards and Tolerances approved by the Director under section 82 ; and

(b) must make a reasonable attempt to assist the parties to agree to a negotiated settlement of the dispute.

(3)  A mediation panel may assist in the resolution of a dispute in any manner it thinks fit that is not inconsistent with any guidance material that is issued under section 52 in relation to the performance of the functions, and the exercise of the powers, of a mediation panel under this Part.

(4)  [Section 51 Subsection (4) inserted by No. 9 of 2023, s. 58, Applied:01 Jul 2024] For the avoidance of doubt, a mediation panel may refuse to proceed with mediation for any of the following reasons:

(a) a party to the mediation has failed to comply with a direction given, or a request made, by the mediation panel;

(b) a party to the mediation has failed to comply with a condition imposed on the mediation by the mediation panel;

(c) a reason specified in a determination, in force under section 11A , as a reason that a mediation panel may refuse to proceed with mediation;