103DApplication for and conduct of mediation

103D Application for and conduct of mediation (1) A claimant may apply to the Authority to have a dispute referred to mediation. (1A) If the dispute relates to a decision specified in section 103B(a) or (b), the claimant must apply under subsection (1) within 90 days of receiving the statement referred to in section 85(8) or 69(1)(b) respectively. (2) Within 7 days after receiving the application, the Authority must refer the dispute to a mediator. (2A) After receiving an application under this section, the Authority must, by written notice, require each party to the mediation to provide the Authority with: (a) all written medical reports in the party's possession or control relevant to the dispute (including reports on which the party does not rely); and (b) all other written materials in the party's possession or control on which the party relies. (2AB) A party must comply with a notice under subsection (2A) within 7 days after receiving the notice. (2B) The Authority will give the medical reports and other materials to the mediator who will make copies of them available to the parties in the course of the mediation. (3) Within 21 days after receiving a referral, a mediator must: (a) attempt to resolve the dispute; (b) advise the claimant and the employer's insurer of the outcome of the mediation; and (c) if the mediator has been unable to resolve the dispute – advise the parties of further proceedings that may be commenced and the time within which to commence them. (4) A claimant who fails to apply for mediation within the period referred to in subsection (1A) may apply to the Court under section 104(1) for an extension of the period. (5) The Court may extend the period if it is satisfied the failure to apply within the period was occasioned by mistake, ignorance of a disease, absence from the Territory or other reasonable cause.

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