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reg 27

Appointment of mediator

In force

27 Appointment of mediator

(1)

If the parties to a dispute are unable to resolve the dispute between themselves within the time required by rule 26, the parties must within 10 days—

(a)

notify the Committee of the dispute; and

(b)

agree to or request the appointment of a mediator; and

(c)

attempt in good faith to settle the dispute by mediation.

(2)

The mediator must be—

(a)

a person chosen by agreement between the parties; or

(b)

in the absence of agreement—

(i)

if the dispute is between a member and another member—a person appointed by the Committee; or

(ii)

if the dispute is between a member and the Committee or the Association—a registered mediator.

Note

This includes a registered mediator appointed or employed by the Dispute Settlement Centre of Victoria or accredited by the Victorian Bar.

(3)

Subject to subrule (4), the Committee may appoint any person as a mediator.

(4)

The Committee must not appoint a person as a mediator if the person—

(a)

has a personal interest in the dispute; or

(b)

is biased in favour of or against any party.

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