Section 61Part 10 — Alternative Dispute Resolution
Alternative dispute resolution schemes
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The Office may, as soon as reasonably practicable after this section comes into force, establish one or more alternative dispute resolution schemes for disputes between licensees and between licensees and consumers or approve a scheme proposed by licensees under subsection (4).
In establishing alternative dispute resolution schemes, the Office shall request and take into account proposals from licensees.
Alternative dispute resolution schemes may be comprised of —
mediation, whether conducted by the Office, persons appointed by the Office or persons appointed by the parties to a dispute or a third party;
arbitration of specific identified matters having limited scope by an expert appointed by the Office or the parties or a third party; or
such other methods of alternative dispute resolution as the Office may determine.
The Office may approve an alternative dispute resolution procedure proposed by licensees if it is —
fair, transparent and non-discriminatory;
administered by persons who are independent of the licensees to whom the alternative dispute resolution scheme applies;
administered in compliance with the policy objectives; and
designed to ensure that individuals to be employed under the alternative dispute resolution scheme as mediators, adjudicators, arbitrators or such other roles as may be contemplated have qualifications and experience to carry out such functions.
The Office may require those responsible for the management and operation of an approved alternative dispute resolution scheme to report to the Office regarding its functioning, and it shall withdraw its approval if the alternative dispute resolution scheme ceases to meet any of the conditions in subsection (4).
An alternative dispute resolution scheme established under subsection (3)(b) may provide for binding decisions, including interim and conservatory measures, and for the payment of costs by the parties to a dispute.
An alternative dispute resolution scheme established under this section shall not prejudice any rights under any other provision of this Act or any other Law.