Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_41b
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 41B
Character Range: 92007–93134

41B  Termination of ADR process
 (1) This clause applies to an ADR process for a dispute if:
 (a) at least 30 days have elapsed after the day the ADR process began; and
 (b) the dispute has not been resolved.
 (2) The ADR practitioner for the ADR process may terminate the ADR process at any time unless satisfied that a resolution of the dispute is imminent.
 (3) However, if a party asks the ADR practitioner to terminate the ADR process for the dispute and gives written reasons for the request, the ADR practitioner must terminate the ADR process to the extent that it relates to that party's dispute.
 (4) If the ADR practitioner terminates the ADR process for a dispute under this clause, the ADR practitioner must issue a certificate stating:
 (a) the names of the parties; and
 (b) the nature of the dispute; and
 (c) that the ADR process for the dispute has finished; and
 (d) that the dispute has not been resolved; and
 (e) the reason for terminating the ADR process for the dispute.
 (5) The ADR practitioner must give a copy of the certificate to:
 (a) the Ombudsman; and
 (b) each of the parties to the dispute.