Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the ombudsman considers that a matter (the subject matter ) to which an application for an ombudsman review relates—
(a) is suitable for mediation; and
(b) is reasonably likely to be resolved by mediation.
(2) The ombudsman may—
(a) refer the subject matter to an accredited mediator for mediation; and
(b) require the parties to attend the mediation; and
(c) suspend the application of section 82 for up to 30 working days for the purpose of paragraphs (a) and (b).
(3) If the parties resolve the matter by mediation, the parties must tell the ombudsman that the matter is resolved.
Note If the respondent to an access application makes a further decision on the application as a result of the mediation, the respondent must give a decision notice to the applicant (see s 52).
(4) Unless the ombudsman directs otherwise, the decision-maker—
(a) must pay the costs of conducting the mediation; but
(b) is not required to pay the costs incurred by the applicant or any other person who participates in the review.
Examples—par (a)
1 cost of hiring the venue for the mediation
2 fees for the accredited mediator
Examples—par (b)
1 legal costs
2 travel costs
3 income lost due to participation in mediation
(5) In this section:
"accredited mediator "means a person who is entered as a mediator in the register of nationally accredited mediators maintained by the Mediator Standards Board.
"Mediator Standards Board" means the incorporated body registered under the Corporations Act
as the Mediator Standards Board Limited (ACN 145 829 812).