Section Sch4-8 — Employment Relations Act 2000: Action where mediator cannot arrange for negotiations

8 Action where mediator cannot arrange for negotiations (1) Where the mediator is unable to bring together the parties for negotiations, the mediator must inform the arbitrating body accordingly. (2) The arbitrating body must then attempt to facilitate or arrange to bring together the parties for negotiations and may, for that purpose,— (a) give such directions incidental thereto as it thinks fit: (b) call on the services of the chief executive of the Department of Labour or any other person. (3) Subject to subclause (4), where the arbitrating body's actions do not result in bringing together the parties for negotiations, the arbitrating body must proceed to hear and determine those parts of the claim that may be fixed under section 67(3) by settling those terms of the agreement. (4) Where the arbitrating body is satisfied that the inability of the mediator or other person to bring together the parties for negotiations was caused by the party which initiated the negotiations for an agreement under clause 1, the arbitrating body— (a) must not proceed to hear and determine the claim under subclause (3); and (b) must regard the notice submitted under clause 1 as being withdrawn and must notify the parties to the negotiations accordingly. (5) Where the parties to negotiations are notified under subclause (4), those negotiations lapse.