South Australian Consolidated Acts

COMMERCIAL ARBITRATION AND INDUSTRIAL REFERRAL AGREEMENTS ACT 1986 - SECT 27

27—Settlement of disputes otherwise than by arbitration

        (1)         Parties to an arbitration agreement—

            (a)         may seek settlement of a dispute between them by conciliation or similar means; or

            (b)         may authorise an arbitrator or umpire to act as a mediator, conciliator or non-arbitral intermediary between them (whether or not involving a conference to be conducted by the arbitrator or umpire),

whether before or after proceeding to arbitration, and whether or not continuing with the arbitration.

        (2)         Where—

            (a)         an arbitrator or umpire acts as a mediator, conciliator or intermediary (with or without a conference) under subsection (1); and

            (b)         that action fails to produce a settlement of the dispute acceptable to the parties to the dispute,

no objection shall be taken to the conduct by the arbitrator or umpire of the subsequent arbitration proceedings solely on the ground that the arbitrator or umpire had previously taken that action in relation to the dispute.

        (3)         Unless the parties otherwise agree in writing, an arbitrator or umpire is bound by the rules of natural justice when seeking a settlement under subsection (1).

        (4)         Nothing in subsection (3) affects the application of the rules of natural justice to an arbitrator or umpire in other circumstances.

        (5)         The time appointed by or under this Act or fixed by an arbitration agreement or by an order under section 48 for doing any act or taking any proceeding in or in relation to an arbitration is not affected by any action taken by an arbitrator or umpire under subsection (1).

        (6)         Nothing in subsection (5) shall be construed as preventing the making of an application to the Court for the making of an order under section 48.