Queensland Consolidated Acts

LAND ACT 1994 - SECT 339K

339K Conduct of mediation

(1) The mediation must be conducted—

(a) by the mediator appointed under section 339I ; and

(b) at a time agreed to or set under section 339J ; and

(c) in the way decided by the mediator and the parties to the dispute.

(2) Despite subsection (1) (b) , the mediator may decide to conduct the mediation at a later time, or adjourn the mediation, if—

(a) the parties to the dispute agree; or

(b) the mediator considers it reasonably necessary.

(3) The parties to the dispute must participate in the mediation in good faith to attempt to resolve the dispute.

Examples of participating in the mediation in good faith—

• attending meetings the parties have agreed to attend

• doing all things necessary for the proper and expeditious conduct of the mediation

• complying without undue delay with mediation procedures agreed to by the mediator and the parties

• disclosing without undue delay relevant information as appropriate for the mediation

• ensuring a party’s agent at a mediation is authorised to reach agreement for the party

(4) A party to the dispute may be represented by an agent appointed by the party.

(5) If a lessee who is a party to the dispute, in relation to a sublease of the lessee’s lease, contravenes subsection (3) , the lessee is taken to have contravened a provision of this Act in relation to the lease.

(6) For a proceeding under this Act about a lessee’s contravention of this Act under subsection (5) , evidence about the lessee’s participation in a mediation may include evidence about the steps taken by the lessee to prepare for the mediation.