Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p6
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 6/23)
Character Range: 180054–182635

the new arbitrator must treat any evidence given, or any record, document or anything else produced, or anything done, in the course of the arbitration as if it had been given, produced or done before or by the new arbitrator; or
 (b) that any interim award made in the course of the arbitration is to be taken to have been made by the new arbitrator; or
 (c) that the new arbitrator must adopt and act on any determination made by the previous arbitrator.
 (3) If the Court appoints a new mediator, the Court may order that the mediation continue in any way the Court directs.

Division 23.2—Mediation

23.04  Nomination of mediator
 (1) If the parties cannot reach agreement on a mediator within 14 days of an order for mediation, a Registrar must:
 (a) nominate a person as the mediator; and
 (b) give the parties written notice:
 (i) of the name and address of the mediator; and
 (ii) of the time, date and place for the mediation; and
 (iii) of any further documents to be given to the mediator by a party.
 (2) In fixing a time and date for the mediation, the Registrar must:
 (a) consult the parties; and
 (b) have regard to any time fixed by the Court for the mediation to be started or completed.

23.05  Mediation conference
 (1) A mediation conference must be conducted:
 (a) in accordance with the directions (if any) of the Court; and
 (b) as a structured process in which the mediator assists the parties by encouraging and facilitating discussion between the parties so that:
 (i) they may communicate effectively with each other about the dispute; and
 (ii) if agreement is reached—with the consent of the parties the agreement can be included in a consent order.
 (2) If part only of a proceeding is the subject of an order for mediation, the mediator may, at the end of the mediation, report to the Court in terms agreed between the parties.

23.06  Mediator may end mediation
  If the mediator considers that a mediation should not continue, the mediator must, subject to any order of the Court:
 (a) end the mediation; and
 (b) advise the Court of the outcome.

Division 23.3—Arbitration

23.07  Appointment of arbitrator
 (1) If an order for arbitration is made, the Court may, with the consent of the parties, nominate a person to be the arbitrator.
 (2) If the person consents in writing to the appointment, the Court may appoint the person as the arbitrator.
 (3) The parties may ask the Court to make orders by consent setting out:
 (a) the way in which the arbitration is to be conducted; and
 (b) the time by which the arbitration is to be completed; and