Queensland Numbered Acts

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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 88

88 Parties may seek conference or ADR

(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement.

(2) Either party may, by written notice (an election notice)—

(a) to the other party and an authorised officer—ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or
(b) to the other party—call upon the other party to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement.

(3) The ADR may be a process of any type, including, for example, arbitration, conciliation, mediation or negotiation.

(4) If the election notice calls for an ADR, it must—

(a) identify the type of ADR; and
(b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR (the facilitator); and
(c) be given to the other party.


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