Clause 25

in subsection (1), after “the claim”, insert “, if the Registrar or tribunal judge is satisfied that there is a reasonable prospect that the parties will be able to resolve the claim through mediation”;

after subsection (1), insert —“(1A) In considering whether there is a reasonable prospect that the parties will be able to resolve the claim through mediation under subsection (1), the Registrar or tribunal judge is to consider whether the parties have previously attempted to resolve the matter through mediation.”; and

replace subsection (2) with —“(2) The Registrar or tribunal judge may, in making a referral under subsection (1), order all or any of the parties to the claim to attend (personally or by a representative permitted under section 14 of the Community Mediation Centres Act 1997 or under a prescribed written law) before a mediator of a Community Mediation Centre or any other person —

at a time and place to be specified in the Registrar’s or tribunal judge’s order; and (b)in a case where the mediation is to be conducted by electronic communication, video conferencing or other electronic means, at a time to be specified in the Registrar’s or tribunal judge’s order and according to the electronic means specified in that order.”.