Conduct of mediation
23 Conduct of mediation
A mediation must be conducted with—
as little formality and technicality as proper mediation of the farm debt permits; and
as much expedition as possible.
The
Commission, having regard to any recommendations made by a mediator, may join any person that the Commission considers appropriate to join as a party to the mediation.
A mediator may call a pre-mediation conference.
The mediator may—
conduct a pre-mediation conference with such procedures as the mediator thinks fit; and
without limiting paragraph (a), allow the parties to participate in a pre-mediation conference by means of telephone, video link or any other system or method of communication.
A party to a mediation may be represented by—
a legal practitioner (within the meaning of the Legal
Practitioners Act 1981);
or
any other person considered appropriate by the Commission having regard to any recommendations made by a mediator.
Despite subsection (5), the mediator may meet with a party to the mediation (alone or together with another party) in the absence of their representative if—
the mediator considers it appropriate to do so; and
the relevant party agrees to meet the mediator in the absence of their representative.
A mediator must, as soon as reasonably practicable after mediation conducted by the mediator has concluded, submit to the Commission a report on the mediation.
This Act’s bill:Second reading speech
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