Document ID: chunk:federal_register_of_legislation:C2021A00054:clause:1_57ee
Version: federal_register_of_legislation:C2021A00054
Segment Type: clause
Provision Reference: sch 1 cl 57EE
Character Range: 33281–34146

57EE  When is a party taken to have tried to resolve a dispute?
  For the purposes of this Division, a party is taken to have tried to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including by doing any of the following:
 (a) attending and participating in meetings at reasonable times;
 (b) responding to communications to the party within a reasonable time;
 (c) if the party has agreed to use a technical expert in resolving the dispute—considering the opinions of the technical expert;
 (d) if a mediation 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.