sec.434Deciding dispute through Land Court after unsuccessful conference or ADR

### sec.434 Deciding dispute through Land Court after unsuccessful conference or ADR This section applies if— a party gives another party a conference election notice and the authorised officer does not finish the conference within the period required under section 427 (the required period ); or a party gives another party an ADR election notice and the parties do not finish the ADR within the period required under section 427 (also the required period ). This section also applies if— only 1 of the parties attended the conference or ADR; or both parties attended the conference or ADR and, at the end of the required period, there is no resolution of the dispute. However, this section does not apply if— a party has issued an arbitration election notice about the matters the subject of the conference election notice or ADR election notice; and the party given the arbitration election notice has accepted, under section 433A (4) , the request for arbitration. An eligible party may apply to the Land Court to decide the matters the subject of the conference election notice or ADR election notice. In this section— eligible party means— if subsection (1) applies—any party to the dispute; or if subsection (2) applies—a party who attended the conference or ADR. s 434 prev s 434 amd 2003 No. 25 s 105 ; 2005 No. 19 s 108 om 2008 No. 34 s 714 pres s 434 ins 2010 No. 53 s 195 amd 2018 No. 24 s 267 (sec.434-ssec.1) This section applies if— a party gives another party a conference election notice and the authorised officer does not finish the conference within the period required under section 427 (the required period ); or a party gives another party an ADR election notice and the parties do not finish the ADR within the period required under section 427 (also the required period ). (sec.434-ssec.2) This section also applies if— only 1 of the parties attended the conference or ADR; or both parties attended the conference or ADR and, at the end of the required period, there is no resolution of the dispute. (sec.434-ssec.3) However, this section does not apply if— a party has issued an arbitration election notice about the matters the subject of the conference election notice or ADR election notice; and the party given the arbitration election notice has accepted, under section 433A (4) , the request for arbitration. (sec.434-ssec.4) An eligible party may apply to the Land Court to decide the matters the subject of the conference election notice or ADR election notice. (sec.434-ssec.5) In this section— eligible party means— if subsection (1) applies—any party to the dispute; or if subsection (2) applies—a party who attended the conference or ADR. - (a) a party gives another party a conference election notice and the authorised officer does not finish the conference within the period required under section 427 (the required period ); or - (b) a party gives another party an ADR election notice and the parties do not finish the ADR within the period required under section 427 (also the required period ). - (a) only 1 of the parties attended the conference or ADR; or - (b) both parties attended the conference or ADR and, at the end of the required period, there is no resolution of the dispute. - (a) a party has issued an arbitration election notice about the matters the subject of the conference election notice or ADR election notice; and - (b) the party given the arbitration election notice has accepted, under section 433A (4) , the request for arbitration. - (a) if subsection (1) applies—any party to the dispute; or - (b) if subsection (2) applies—a party who attended the conference or ADR.