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FEDERAL CIRCUIT COURT RULES 2001 - RULE 45.13B

Mediation--Fair Work Act and Registered Organisations Act proceedings

             (1)  This rule applies if the Court refers for mediation under section 34 of the Act a proceeding, or a part of a proceeding, or a matter arising out of a proceeding, to which this Part applies.

Note 1:       Section 34 of the Act does not apply to family law proceedings. For dispute resolution in family law proceedings, see Part III of the Family Law Act.

Note 2:       The Court may refer a proceeding for mediation under section 34 of the Act with or without the consent of the parties.

             (2)  The mediator for the mediation must be:

                     (a)  a Judge; or

                     (b)  a Registrar; or

                     (c)  another person appointed by the Court for the purpose; or

                     (d)  an FWC member nominated by the President of the Fair Work Commission.

             (3)  Unless the Court or a Registrar otherwise orders:

                     (a)  the parties to the proceeding must attend the mediation in person; and

                     (b)  the lawyer or lawyers representing the parties to the proceeding must attend the mediation.

             (4)  Unless the Court otherwise orders, if an order for mediation is made, the proceeding is adjourned until the earlier of the following:

                     (a)  the day the mediator reports to the Court; or

                     (b)  the day fixed by the Court on which the mediator must report to the Court about progress in the mediation.

             (5)  The parties must make a genuine effort to reach agreement on relevant matters in issue.

             (6)  If the mediator considers that the 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.

             (7)  If an issue between the parties remains unresolved at the end of the mediation, the Judge or Registrar may:

                     (a)  give further directions; and

                     (b)  make any other order, including an order for costs.

             (8)  In this rule:

"FWC member" has the meaning given by section 12 of the Fair Work Act.

"President" has the meaning given by section 12 of the Fair Work Act.



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