New South Wales Consolidated Acts

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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 288

Mediation

288 Mediation

(1) This section applies to a complaint to the extent that it contains a consumer matter.
(2) The designated local regulatory authority may order the parties to the complaint to attend mediation in good faith in relation to the consumer matter.
(3) If mediation succeeds in relation to a consumer matter contained in the complaint, the designated local regulatory authority may close the complaint to that extent on the ground that it has been resolved.
(4) If mediation fails in relation to a consumer matter contained in the complaint, the designated local regulatory authority may investigate the complaint further and proceed to a determination of the consumer matter.
(5) If the complainant does not engage in mediation in good faith in relation to a consumer matter contained in the complaint, the designated local regulatory authority may instead close the complaint so far as it contains the consumer matter.
(6) Neither evidence of anything said or admitted during a mediation or attempted mediation under this section of the whole or a part of the conduct that is the subject of a complaint nor a document prepared for the purposes of the mediation or attempted mediation--
(a) may be used by the designated local regulatory authority in making a determination; or
(b) is admissible in any proceedings in a court or before a person or body authorised to hear and receive evidence.



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