Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_39
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 68610–70504

39  Conduct of mediation and arbitration
 (1) Mediation or arbitration for the purposes of this code must be conducted in accordance with Resolution Institute Arbitration Rules 2016, as in force on the day Schedule 2 to the Competition and Consumer (Industry Codes—Food and Grocery) Amendment Regulations 2020 commences.
 (2) If the mediator or arbitrator is not agreed by the parties within 10 business days of a supplier referring a matter, the mediator or arbitrator must be appointed by the Resolution Institute in accordance with the rules of the Institute.
 (3) For the purposes of paragraph 38(3)(a), the retailer or wholesaler:
 (a) is taken to take part in the mediation or arbitration if the retailer or wholesaler is represented at the mediation or arbitration by a person who has authority to enter into an agreement to settle the dispute on behalf of the retailer or wholesaler; and
 (b) is taken to be trying to resolve the dispute in good faith if the retailer or wholesaler approaches the resolution of the dispute in a reconciliatory manner, including by doing the following:
 (i) attending and participating at meetings that are arranged at reasonable times;
 (ii) at the beginning of the mediation or arbitration process, making it clear what the retailer or wholesaler is trying to achieve through the mediation or arbitration;
 (iii) observing any obligation relating to confidentiality that applies during or after the mediation or arbitration process;
 (iv) not taking or refusing to take action during the dispute, including refusing to accept goods or to make payments, that has the purpose or effect of applying pressure to resolve the dispute.
 (4) All costs of any mediation or arbitration are to be determined under the rules referred to in subclause (1).
 (5) This clause does not apply in relation to a complaint directed to a Code Arbiter.

Part 6—Compliance