If after 30 days from the mediation starting, there is no resolution to the dispute, then pursuant to clause 44 of the Horticulture Code, either party can ask the mediator to terminate the mediation, and the mediator must do so. Note the mediator determines when the mediation has begun under clause 40(7) of the Code.
The party who initiated the dispute can ask the mediator to terminate the mediation at any time.
Where the mediator terminates the mediation of a dispute, the mediator must issue a certificate to each of the parties, stating:
(a) the names of the parties; and
(b) the nature of the dispute; and
(c) that the mediation has finished; and
(d) that the dispute has not been resolved.