Section 57EE — Competition and Consumer Act 2010: When is a party taken to have tried to resolve a dispute?

For the purposes of this Division, a party is taken to have tried to resolve a dispute if the party approaches the resolution of the dispute in a reconciliatory manner, including by doing any of the following: (a) attending and participating in meetings at reasonable times; (b) responding to communications to the party within a reasonable time; (c) if the party has agreed to use a technical expert in resolving the dispute—considering the opinions of the technical expert; (d) if a mediation process is being used to try to resolve the dispute—both: (i) making the party’s intention clear, at the beginning of the process, as to what the party is trying to achieve through the process; and (ii) observing any obligations relating to confidentiality that apply during or after the process.