Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Parties to an
arbitration agreement —
(a) may
seek settlement of a dispute between them by mediation, conciliation or
similar means; or
(b) may
authorise an arbitrator or umpire to act as a mediator, conciliator or other
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.
[Section 27 amended by No. 43 of 1997
s. 12.]