103FParties, representation and attendance

103F Parties, representation and attendance (1) The parties to a mediation are: (a) the claimant; (b) the employer; and (c) the employer's insurer. (2) Subject to subsection (3), a party is not entitled to legal representation in the mediation. (3) The mediator may agree to a party being legally represented if satisfied that: (a) it is physically impracticable for the party to participate in the mediation in person; or (b) it would otherwise facilitate the conduct of the mediation. (4) Where the mediator agrees to a party having legal representation, the mediator must notify the other parties of that agreement before taking a step or, if the mediation has commenced, a further step in the mediation. (5) A party who is not legally represented: (a) is entitled to be accompanied at a conference by another person who is not a lawyer (the support person) and to consult with the support person during the conference; and (b) is not entitled to be represented at the conference by the support person. (5A) However, the mediator may agree to a claimant being represented by the support person at the conference if satisfied that to do so would facilitate the conduct of the mediation. (5B) If the mediator agrees to the claimant being represented by the support person, the mediator must notify the other parties of that agreement before taking a step or, if the mediation has commenced, a further step, in the mediation.

Return to Work Act 1986 100 (6) With the agreement of the mediator, a party or his or her legal representative may attend a conference by teleconferencing if physical attendance is impracticable. 103FA Legal representation or legal advice (1) If the dispute relates to a decision of a type mentioned in section 103B(a) or (b), and the mediator agrees to a claimant having legal representation as mentioned in section 103F(3): (a) the claimant may choose the legal practitioner who is to represent them; and (b) the mediator may, if of the opinion that to do so would facilitate the conduct of the mediation, by written notice to the Authority, make a recommendation in accordance with subsection (3). (2) If the dispute relates to a decision of a type mentioned in section 103B(a) or (b), the mediator may recommend, by written notice, that the Authority direct the employer to pay the reasonable costs of legal advice received by the claimant, even if the mediator does not agree to the claimant having legal representation. (3) The mediator may recommend, in the written notice under subsection (1)(b) or (2), that the Authority direct the employer to pay: (a) if the recommendation is under subsection (1)(b) – one or both of the following: (i) the reasonable costs of the legal representation; (ii) the reasonable costs of legal advice received by the claimant before the mediator agreed to the legal representation; or (b) if the recommendation is under subsection (2) – the reasonable costs of the legal advice. (4) The Authority must do one of the following: (a) by written notice given to an employer, direct the employer to pay the reasonable costs mentioned in subsection (3)(a)(i) or (ii) or (b); (b) by written notice given to the claimant and the mediator, inform them that the Authority has decided not to follow the recommendation.