Dispute Resolution Policy 

IN ACCORDANCE TO ADC GUIDELINES 2019

  1. Mediation

(a) The parties shall endeavor to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.

(b) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the matter is referred to ADC (the Guidelines).

(c) The terms of the Guidelines are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.

  1. Conciliation

(a) They shall endeavor to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by conciliation administered by the Australian Disputes Centre (ADC) before having recourse to arbitration or litigation.

(b) The conciliation shall be conducted in accordance with the ADC Guidelines for Commercial Conciliation operating at the time the matter is referred to ADC (the Guidelines).

(c) The terms of the Guidelines are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.

  1. Expert Determination (Binding)

(a) Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity or termination shall be settled by expert determination administered by the Australian Disputes Centre (ADC).

(b) The expert determination shall be conducted in 1/363 George St, Brisbane City QLD 4000 in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (The Rules).

(c) The terms of the Rules are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.

  1. Arbitration (Australian-only Contract)

(a) Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC).

(b) The arbitration shall be conducted in 1/363 George St, Brisbane City QLD 4000 in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules).

(c) The terms of the Rules are hereby deemed incorporated into this agreement.

(d) This clause shall survive termination of this agreement.

  1. Mediation followed by Expert Determination

The parties shall endeavor to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).

(a) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).

(b) The terms of the Guidelines are hereby deemed incorporated into this agreement. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the dispute shall be referred to expert determination in 1/363 George St, Brisbane City QLD 4000.

(c) The expert determination shall be administered by ADC and conducted in accordance with the ADC Rules for Expert Determination operating at the time the dispute is referred to ADC (the Rules).

(d) The terms of the Rules are hereby deemed incorporated into this agreement.

(e) The expert shall not be the same person as the mediator unless the parties each consent in writing to the expert so acting.

(f) This clause shall survive termination of this agreement.

  1. Mediation followed by Arbitration (Australian-only Contract)

The parties shall endeavor to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).

(a) The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).

(b) The terms of the Guidelines are hereby deemed incorporated into this agreement.

In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between the parties, the parties shall submit the dispute to arbitration in 1/363 George St, Brisbane City QLD 4000.

(c) The arbitration shall be administered by ADC and conducted in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to arbitration (the Rules).

(d) The terms of the Rules are hereby deemed incorporated into this agreement.

(e) The arbitrator shall not be the same person as the mediator unless the parties each consent in writing to the arbitrator so acting.

This clause shall survive termination of this agreement.

© Australian Disputes Centre, 2019