Authority to participate in mediation
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Information we need
For a mediation session with the Victorian Small Business Commission (VSBC) to go ahead, we require details (the name, title/role and email address) of:
- the people who have full capacity and authority to enter into an agreement and sign terms of settlement in relation to all matters raised on the day (at least one person with authority is required for each party)
- any other people who will be attending the session (e.g. lawyer, support person, estate agent etc.).
What happens if a party doesn’t have authority?
If mediation isn’t attended by people with full authority on both sides, then no agreement will be possible on the day and the parties might need to seek an adjudication of their dispute at the Victorian Civil and Administrative Tribunal (VCAT) or by a court.
If the mediation can’t go ahead because a party incorrectly stated they had full authority, the Commissioner can issue a certificate noting that the party refused to mediate. If issued, this certificate can be presented to VCAT, which might make an adverse cost order against that party.
Further requirements: rent relief and retail leasing disputes
In addition to the above details, there are further requirements for mediations to resolve rent relief and retail lease disputes.
Parties will need to let the VSBC know if any guarantors under the lease will be attending the session and if so, provide their name, title/role and email address.
If you have any queries or would like more information, contact the mediation services team at email@example.com.