To comply with the regulation’s requirements, parties, mediators and the Commissioner’s office should adopt straightforward administrative practices aligned to the express text. The following steps and controls derive directly from the statutory wording.
When a mediation notice is received (Act, s 23(5)(b)(ii)). Step one is to calendar the notice date and the two-day deadline. The regulation requires that a party who wants to request a change of date or consolidation must do so "in writing" within two days after receiving the notice (sec. 3(2), sec. 4(1)). Practically, that means the recipient should: (a) note the date of receipt, (b) prepare a concise written request, and (c) serve it to the mediator promptly, using a communication method that creates a timestamped record (for example, dated email), ensuring the request is within the two-day window.
Drafting written requests. The regulation requires written requests but does not prescribe form. Requests should therefore include: identification of the mediation notice received (date, time, place), the relief sought (date change to a specific new date no later than seven days after the originally stated date,sec. 3(2)), or the specific related disputes to be consolidated and the factual connection (sec. 4(1)), and a clear statement that the request is made under the Small Business Commissioner Regulation 2022. Include contact details and a statement of availability for alternative proposed dates within the seven-day limit where seeking a date change. For consolidation requests, specify the parties to be included and evidence of any consents already obtained.
Monitor mediator responses and notice obligations. If the mediator changes the date, the mediator must give each party notice of the new time and date (sec. 3(3)(b)). Practitioners should expect and require the mediator to provide an updated written notice and should confirm receipt. For consolidation, if the mediator proceeds, the mediator may give a further notice describing the consolidated participants and arrangements (sec. 4(2)); parties should obtain and preserve that notice.
Planning for technology. If the parties prefer technology-assisted mediation, secure written agreement from the mediator and all parties (sec. 5). The written agreement should specify the technology platform, contingency arrangements for connection issues, confidentiality and document-sharing protocols, and identity verification procedures, because the regulation allows technology only where parties and mediator agree.
Fee payment and waiver processes. The regulation prescribes a fee of 350 fee units payable in equal shares by the parties (sec. 6(1)). Parties should: (a) determine the monetary conversion of a fee unit from the relevant fee-unit legislation or treasury instrument; (b) calculate each party’s equal share; and (c) pay promptly to avoid administrative complications. If fee payment would cause financial hardship, a party should apply to the Commissioner for waiver under sec. 6(2), documenting the financial position and the hardship anticipated. Where multiple parties may benefit from a class-based or regional waiver (for example, following a declared natural disaster), practitioners should engage early with the Commissioner’s office to request consideration under sec. 6(3), providing supporting material about the affected class or region.
Document retention. Because the regulation anchors procedural rights to written requests and notices, parties should retain copies of all written communications, delivery receipts and timestamps. Retain copies of mediation notices, requests for postponement or consolidation, mediator responses, and any waiver applications and determinations.
Coordination among multiple parties. Where multiple parties are involved, coordinate to ensure equal-share fee payment and to avoid disputes about who bears the cost. If seeking consolidation of related disputes, secure written indications of consent from all relevant parties before relying on the mediator to act, noting that consolidation will not proceed without "all other parties" agreeing (sec. 4(2)).
Engage early with the Commissioner for waivers. The Commissioner’s waiver powers are discretionary and undefined in procedural detail (sec. 6(2)-(3)). Parties who anticipate hardship or who are part of an affected class or region should contact the Commissioner’s office early and submit a clear, documented request that addresses the statutory satisfaction criteria (financial hardship, promotion of access, natural disaster/emergency).
Administrative checklists for mediators and the Commissioner. Mediators should build standard operating procedures to: capture and timestamp written requests, assess whether requests meet the two-day deadline, record decisions whether to change dates or consolidate, and issue the required notices promptly when changes are made (sec. 3(3), sec. 4(2)). The Commissioner’s office should create a documented waiver application process, with form fields to capture the facts the statutory satisfaction criteria require.
Contingency planning. Because the regulation caps rescheduling to seven days after the original date, parties needing longer postponements should seek alternative processes (either in the Act or by agreement with the mediator outside the regulation), and document any consensual arrangements.
In short, compliance is primarily a matter of timely, written communications, clear record-keeping, early engagement on fee obligations and waivers, and securing unanimous consent for consolidation where required. The regulation’s brevity increases the importance of robust administrative practice to manage the tight timeframes and discretionary decision points.