A mediation clause in a construction contract does not constitute a 'method of resolving disputes' under s 10A(3)(d)(ii) of the Building and Construction Industry Security of Payment Act 2002 (Vic); the method must be one that results in an actual resolution of the dispute, such as arbitration or expert determination. Contractual clauses acknowledging that mediation satisfies s 10A(3)(d) are void under s 48(2). An adjudicator under the Act is not bound by the superintendent's pricing of provisional sums or variations and must independently determine the value of construction work.
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