Common use of Independent Mediation Clause in Contracts

Independent Mediation. 42.5.1 If the conciliation by the FWC has been unsuccessful in resolving the dispute, a party to the dispute may refer the dispute to a third party mediator agreed to by both parties. If the parties are unable to agree on a mediator, the Resolution Institute Mediation Rules will apply in relation to the appointment of a mediator. 42.5.2 Having regard to the terms of this Agreement, the National Employment Standards and the principles set out in clause 42.1.3, the independent mediator must assess the merits of the matter and make a non-binding recommendation that:

Independent Mediation. 42.5.1 13.5.1. If the conciliation by the FWC has been unsuccessful in resolving the dispute, a party to the dispute may refer the dispute to a third party mediator agreed to by both parties. If the parties are unable to agree on a mediator, the Resolution Institute of Arbitrators & Mediators Australia Mediation Rules will apply in relation to the appointment of a mediator. 42.5.2 Having regard to the terms of this Agreement, the National Employment Standards and the principles set out in clause 42.1.3, the independent mediator must assess the merits of the matter and make a non-binding recommendation that: