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MINING ACT 1992 - SECT 145A
Mediation
145A Mediation
(1) An arbitrator conducting a mediation under this Division-- (a) must use
his or her best endeavours to bring the parties to a settlement acceptable to
all of them, and
(b) may communicate with the parties collectively or
separately, and
(c) must treat information obtained by the arbitrator from a
party with whom he or she communicates separately as confidential, unless that
party otherwise agrees.
(2) The parties to a mediation must participate in
the mediation in good faith.
(3) A mediation terminates if-- (a) the parties
agree to terminate the mediation, or
(b) any party terminates the mediation,
by notice in writing, served on the other parties and the arbitrator, or
(c)
the arbitrator terminates the mediation, or
(d) the parties agree on an
access arrangement.
(4) An arbitrator who has acted as mediator in a
mediation that is terminated under subsection (3) (a)-(c)-- (a) may refuse to
conduct the subsequent arbitration, and
(b) must not conduct the subsequent
arbitration unless, at the time of or after the termination of the mediation,
all the parties to the arbitration (including the arbitrator) consent in
writing.
(5) If-- (a) an arbitrator has obtained confidential information
from a party during a mediation, and
(b) the mediation has been terminated
under subsection (3) (a)-(c), and
(c) the parties have consented to the
arbitrator conducting the subsequent arbitration,
the arbitrator must, as soon
as reasonably practical after that consent has been given, disclose to all
other parties to the arbitration so much of the information as the arbitrator
considers material to the arbitration.
(6) If the parties consent under
subsection (4) (b), no objection may be taken to the conduct of the subsequent
arbitration by the arbitrator solely on the ground that he or she has
previously conducted a mediation in accordance with this section.
(7) If the
arbitrator refuses to conduct the subsequent arbitration under subsection (4)
(a) or the parties do not consent under subsection (4) (b), the arbitrator's
mandate is taken to have been terminated and a substitute arbitrator may be
appointed-- (a) by the parties, or
(b) by the Secretary, but only if the
parties have been unable to agree on the appointment of an arbitrator by the
end of 7 days after the termination of the mediation.
(8) Before a substitute
arbitrator is appointed under this section, the holder of the prospecting
title concerned must pay the application fee prescribed by the regulations for
the purposes of this section.
(9) The substitute arbitrator is not required
to conduct a mediation under this Division.
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