When is a party taken to have tried to resolve a dispute?
57EE When is a party taken to have tried to resolve a dispute?
For the purposes of this Division, a party is taken to have tried to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including by doing any of the following:
attending and participating in meetings at reasonable times;
responding to communications to the party within a reasonable time;
if the party has agreed to use a technical expert in resolving the dispute—considering the opinions of the technical expert;
if a mediation process is being used to try to resolve the dispute—both:
making the party’s intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and
observing any obligations relating to confidentiality that apply during or after the process.
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