A contractual mediation clause, without more, does not constitute a 'method of resolving disputes' for the purposes of s 10A(3)(d)(ii) of the Victorian Security of Payment Act; the dispute resolution process must include mandatory steps resulting in a binding decision by a third party. Contractual provisions purporting to agree that a mediation clause satisfies s 10A(3)(d) are void under s 48. An adjudicator who rejects a respondent's submissions cannot simply adopt the claimant's valuations but must independently assess value on the evidence. The standard of an adjudicator's reasons falls towards the lower end of the scale given the time constraints and nature of the decision.
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