Commonwealth Consolidated Acts

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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:

  (a)   attending and participating in meetings at reasonable times;

  (b)   responding to communications to the party within a reasonable time;

  (c)   if the party has agreed to use a technical expert in resolving the dispute--considering the opinions of the technical expert;

  (d)   if a mediation process is being used to try to resolve the dispute--both:

  (i)   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

  (ii)   observing any obligations relating to confidentiality that apply during or after the process.

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