Services

Disputes & Mediation

For Consumer Mediation, please see Consumer Benefits


The following procedure as set out in the Rules applies to disputes between-

  1.  
    1. Member and another member; or
    2. Member and the Association.
  2. The parties to the dispute must meet and discuss the matter in dispute, and, if possible Resolve at the meeting then the parties must, within 14 days, after the dispute comes to the attention of the parties.
  3. If the parties are unable to resolve at the meeting then the parties must, within 10 days, hold a meeting in the presence of a Mediator.
  4. The Mediator must be-
    1. a person chosen by agreement between the parties; or
    2. in the absence of agreement
      1. in the case of a dispute between a Member and another Member, a person appointed by the Committee of the Association; or
      2. in the case of a dispute between a member and the Association, a person who is Mediator appointed or employed by the Dispute Settlement Centre of Victoria. (Department of Justice).
  5. A Member of the Association can be Mediator.
  6. The Mediator cannot be a member who is party to the dispute.
  7. The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.
  8. The Mediator in conducting the mediation, must –
    1. give the parties to the mediation every opportunity to be heard; and
    2. allow due consideration by all parties of any written statement submitted by any party; and
    3. ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.
  9. The Mediator must not determine the dispute.
  10. If the mediation process does not result in the dispute being resolved, the parties may not seek to resolve in accordance with the Act otherwise at law.

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