Rules of Association

Article Index

22. Disputes and mediation

22.1 The grievance procedure set out in this rule applies to disputes under these rules between a member and the Association or Committee.

22.2 The parties to the dispute must meet and discuss the matter in dispute, and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

22.3 If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 10 days, hold a meeting in the presence of a mediator.

22.4 The mediator must be-

22.4.1 a person chosen by agreement between the parties; or

22.4.2 in the absence of agreement a person who is a mediator appointed to, or employed with, a not for profit organisation.

22.5 A member of the Association can be a mediator.

22.6 The mediator cannot be a member who is a party to the dispute.

22.7 The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

22.8 The mediator, in conducting the mediation, must-

22.8.1 give the parties to the mediation process every opportunity to be heard;

22.8.2 allow due consideration by all parties of any written statement submitted by any party; and

22.8.3 ensure that natural justice is accorded to the parties to the dispute throughout the mediation process.

22.9 The mediator must not determine the dispute.

22.10 The mediation must be confidential and without prejudice.

22.11 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.