Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_36
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 86511–87684

36  When a party is taken to be trying to resolve a dispute
 (1) A party will be taken to be trying to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including doing any of the following:
 (a) attending and participating in meetings at reasonable times;
 (b) not taking action during the dispute, including by providing inferior goods, services, or support, which has the effect of damaging the reputation of the franchise system;
 (c) not refusing to take action during the dispute, including not providing goods, services or support, if the refusal to act would have the effect of damaging the reputation of the franchise system;
 (d) if an ADR process is being used to try to resolve the dispute—both:
 (i) making the party's intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and
 (ii) observing any obligations relating to confidentiality that apply during or after the process.
 (2) To avoid doubt, if an ADR process is being used to try to resolve the dispute, subclause (1) applies whether the ADR process is conducted under this code or otherwise.