58      Disputes and mediation

58.1     The grievance procedure set out in this rule applies to disputes under these Rules between:

(a)        a member and another member; or

(b)        a member and the Association.

58.2     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 the parties.

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

58.4     The mediator must be:

(a)        a person chosen by agreement between the parties; or

(b)        in the absence of agreement:

(i)         in the case of a dispute between a member and another member, a person appointed by the Board; or

(ii)        in the case of a dispute between a member and the Association, a person who is a mediator appointed or employed by the Dispute Settlement Centre of Victoria (Department of Justice).

58.5     A member of the Association can be a mediator.

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

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

58.8     The mediator, in conducting the mediation, must:

(a)        give the parties to the mediation process every opportunity to be heard; and

(b)        allow due consideration by all the parties of any written statement submitted by any party; and

(c)        ensure that natural justice is accorded to the parties to the dispute through the mediation process.

58.9     The mediator must not determine the dispute.

58.10   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 otherwise at law.