Document ID: chunk:federal_register_of_legislation:F2024L01651:reg:72
Version: federal_register_of_legislation:F2024L01651
Segment Type: reg
Provision Reference: reg 72
Character Range: 93483–94735

72  Termination of an ADR process by an ADR practitioner
 (1) This section applies to an ADR process for a dispute if:
 (a) at least 30 days have elapsed after the day the ADR practitioner for the ADR process was appointed; and
 (b) the dispute has not been resolved.
 (2) The ADR practitioner may terminate the ADR process at any time unless satisfied that a resolution of the dispute is imminent.
 (3) However, if:
 (a) the ADR process is mediation; and
 (b) a party asks the ADR practitioner to terminate the ADR process for the dispute; and
 (c) the party gives written reasons for the request;
the ADR practitioner must terminate the ADR process.
 (4) If the ADR practitioner terminates the ADR process for a dispute under this section, 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 Australian Small Business and Family Enterprise Ombudsman; and
 (b) each of the parties to the dispute; and
 (c) the Code Supervisor.