Queensland Consolidated Acts Queensland Consolidated Acts(1) A party to the sublease may ask the chief executive to refer the dispute to mediation.
(2) After consulting with the persons the chief executive reasonably considers are a party to the dispute, and having regard to the nature of the dispute, the chief executive may refer it to mediation.
(3) If the chief executive refers the dispute to mediation—
(a) the mediation must be conducted by—
(i) a person agreed to by the parties to the dispute; or
(ii) if the parties can not agree—an appropriately qualified mediator appointed by the chief executive; and
(b) the mediation must be conducted in the way decided by the mediator and the parties; and
(c) the parties must participate in the mediation in good faith to attempt to resolve the dispute; and
Examples of participating in the mediation in good faith—
attending meetings that the parties have agreed to attend
complying with mediation procedures agreed to by the mediator and the parties
disclosing relevant information as appropriate for the mediation
ensuring a party's agent at a mediation is authorised to reach agreement for the party
(d) the parties must pay the mediator the costs of the mediation in the proportions agreed by the mediator and the parties.
(4) For subsection (3), a party to the dispute may be represented by an agent appointed by the party if the mediator is satisfied the appointment will facilitate the conduct of the mediation.
(5) If a lessee who is a party to the dispute, in relation to a sublease of the lessee's lease, contravenes subsection (3)(c), the lessee is taken to have contravened a provision of this Act in relation to the lease.
(6) Nothing in this section affects any rights or remedies to which a party to the dispute may be entitled.
(7) Evidence of anything done or said, or an admission made, at a mediation about the dispute is admissible at the trial of the dispute or in another civil proceeding only if all parties who participated in the mediation agree.
(8) For a proceeding under this Act about a lessee's contravention of this Act under subsection (5), evidence about the lessee's participation in a mediation may include evidence about the steps taken by the lessee to prepare for the mediation.
(9) In this section—
appropriately qualified, for a mediator, means having the qualifications or experience appropriate to conduct the mediation.
civil proceeding does not include a proceeding under this Act about a lessee's contravention of this Act under subsection (5).