(1)  Subject to subsection (2) , all parties to a mediation are to pay –

(a) unless otherwise agreed to in writing by the parties to the mediation, an equal share of any fee charged by the mediator for the mediation; and

(b) their own costs and expenses associated with participating in the mediation.

(2)  A party to a mediation is to pay the whole of the mediator’s fees for the mediation, and all costs associated with the attendance by another party to an additional mediation session, if –

(a) the party fails to give a written authority, in accordance with section 32(5) , to an Australian legal practitioner, or agent, to represent the party; and

(b) as a result of failing to give that written authority, more than one mediation session is required.

(3)  The Commissioner is not liable for any of the fees, costs or expenses of or associated with mediation for the purposes of this Act.