Common use of Independent Mediation Clause in Contracts

Independent Mediation. 42.5.1 If the conciliation by FWA 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 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: (a) arbitration by FWA is appropriate on the basis that it raises a genuine question about the interpretation of the Agreement or the National Employment Standards; or (b) arbitration by FWA is not appropriate. 42.5.3 The independent mediator may make non-binding recommendations regarding how the matter may be resolved between the parties prior to arbitration. 42.5.4 The cost of the mediator will be shared equally between the parties and each party will pay its own costs for the mediation.

Independent Mediation. 42.5.1 If the conciliation by FWA 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: (a) arbitration by FWA the FWC is appropriate on the basis that it raises a genuine question about the interpretation of the Agreement or the National Employment Standards; or (b) arbitration by FWA the FWC is not appropriate. 42.5.3 The independent mediator may make non-non- binding recommendations regarding how the matter may be resolved between the parties prior to arbitration. 42.5.4 The cost of the mediator will be shared equally between the parties and each party will pay its own costs for the mediation.