§ 12 — Reference of complaint of non-compliance to adjudicator

12.—(1) If the mediation under section 11 does not result in a settlement agreement between the parties on a dispute, the party that filed the complaint of non‑compliance may apply to the authorised dispute resolution body for an adjudicator from its panel of adjudicators to be appointed to hear and determine the dispute, and the authorised dispute resolution body must so appoint an adjudicator.(2) The application under subsection (1) must be made within the period prescribed by the Regulations or (if none is prescribed) specified by the authorised dispute resolution body in its rules and procedures under section 10(2)(c).

(3) An adjudicator must, in hearing and determining any dispute that is the subject of a complaint of non‑compliance —(a)

act independently, impartially and in a timely manner;

(b)

avoid incurring unnecessary expense; and

(c)

comply with the principles of natural justice.

—(1) If the mediation under section 11 does not result in a settlement agreement between the parties on a dispute, the party that filed the complaint of non‑compliance may apply to the authorised dispute resolution body for an adjudicator from its panel of adjudicators to be appointed to hear and determine the dispute, and the authorised dispute resolution body must so appoint an adjudicator.

(2) The application under subsection (1) must be made within the period prescribed by the Regulations or (if none is prescribed) specified by the authorised dispute resolution body in its rules and procedures under section 10(2)(c).

(3) An adjudicator must, in hearing and determining any dispute that is the subject of a complaint of non‑compliance —(a)

act independently, impartially and in a timely manner;

(b)

avoid incurring unnecessary expense; and

(c)

comply with the principles of natural justice.