Document ID: chunk:federal_register_of_legislation:F2025C00177:clause:1_44
Version: federal_register_of_legislation:F2025C00177
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 36177–37202

44  Termination of mediation
 (1) The mediator of a dispute under this Part may terminate the mediation at any time if the mediator is satisfied that a resolution of the dispute is not likely to occur.
 (2) If the complainant in a mediation under this Part asks the mediator to terminate the mediation, the mediator must do so.
 (3) If:
 (a) at least 30 days have elapsed since the start of the mediation of a dispute under this Part; and
 (b) the dispute has not been resolved;
the respondent may ask the mediator to terminate the mediation, and the mediator must do so.
Note: The mediator decides under subclause 40(7) when a mediation commences.
 (4) If the mediator terminates the mediation, the mediator must issue a certificate stating:
 (a) the names of the parties; and
 (b) the nature of the dispute; and
 (c) that the mediation has finished; and
 (d) that the dispute has not been resolved.
 (5) The mediator must give a copy of the certificate to:
 (a) the Ombudsman; and
 (b) each of the parties to the dispute.