Steps for resolving a dispute using the dispute resolution procedure in the Horticulture Code

• Step 1. Written notice of dispute
• Step 2. Direct negotiation between the parties
• Step 3. Request for a mediator
• Step 4. Appointment of a mediator
• Step 5. Mediator decides how mediation is to be carried out and date, time and place for mediation
• Step 6. Mediation
• Step 7. Agreement is reached or mediation is terminated

Note: The Horticulture Code is mandatory for horticulture produce agreements between growers and traders entered into, renewed or extended on or after 14 May 2007 and provides for dispute resolution and mediation under Part 5 of the code.

Step 1. Written notice of dispute

The complainant must write to the other party to give notice of the dispute and specify that the complainant is using the dispute resolution procedure under the Horticulture Code. The following details need to be included in the letter:

• nature of dispute
• outcome the complainant wants
• what action the complainant believes will settle the dispute.

Step 2. Direct negotiation between the parties

The parties should attempt to resolve the dispute between themselves.

Step 3. Request for a mediator

If the dispute cannot be resolved within 3 weeks after notice of the dispute has been given, either party may ask the Horticulture Mediation Adviser to appoint a mediator.

Step 4. Appointment of a mediator

If the parties to the dispute make a request to the Horticulture Mediation Adviser, a mediator must be appointed within 14 days of the request.

Step 5. Mediator decides how mediation is to be carried out and date, time and place for mediation

The mediator must decide:

• how the mediation is to be carried out (for example by video conference, telephone or meeting)
• the time and place for mediation (usually held at neutral premises)
• the day that the mediation commences.

Step 6. Mediation

When mediation is requested by either party, it becomes mandatory for both to attend the mediation and to try to resolve the dispute. Refusal to attend the mediation and/or make a genuine attempt to resolve the dispute will constitute a breach of the Horticulture Code and a breach of the Competition and Consumer Act.

If a party cannot attend mediation they must send a representative who has the authority to enter into a settlement agreement.

A joint mediation session will be held with both parties to the dispute where all relevant documentation will be tabled and potential solutions explored.

If the dispute cannot be resolved during the joint session, the mediator may hold private sessions with each party in confidence. If a common objective can be found during the confidential sessions, the mediator will be able to assist the parties in further negotiations. For example, the parties may agree to:

• engage an assessor to report on the quality of the produce in dispute
• negotiate a new compliant horticulture produce agreement to enable the parties to continue to trade in the future

Within 14 days after the mediation has started, the mediator must notify the Horticulture Mediation Adviser that the mediation has started and the nature of the dispute.

Step 7. Agreement is reached or mediation is terminated

When an outcome is agreed to between the parties, the mediator will assist them in writing it down. The written record will normally be a binding contract. The mediator must notify the Horticulture Mediation Adviser within 14 days that an agreement has been reached.

The mediator may terminate the mediation at any time if the mediator is satisfied that a resolution is not likely to occur.  The mediator must also terminate the mediation if:

• the complainant asks the mediator to do so or
• at least 30 days have elapsed since the start of the mediation, the dispute has not been resolved and the other party asks the mediator to do so.

The mediator must issue a certificate of termination and give copies to the Horticulture Mediation Adviser and each of the parties.