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Process overview

Summary of process under chapter 8 of the rules.

Time
       
Event
No later than 60 business days after the making of a disputed decision of the occurrence of the disputed conduct (8.2.4 (b)).
 
Service of DMS Referral Notice on Form 1 Cl 8.2.4(c) (see user note 1).
 

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Within 5 business days of service of the DMS Referral Notice (request for information).
 
Meeting of representatives of the parties to determine the further conduct of the dispute Cl 8.2.4 (d).
 
Response to valid request for valid information.
 
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Serve the Form 1 DMS Referral Notice on any other party(ies).

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Within 5 business days of service of the last DMS Referral Notice.

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Further meeting of representatives—see above.

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Within 20 days of service of the last DMS referral notice (less if agreed).
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Parties exchange summary of issues and commence:

  • direct negotiation or
  • mediation and/or
  • other ADR process.

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Dispute resolved?
yes
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End.
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No later than 60 days after last service of a DMS Adviser Referral Notice.
Refer to Adviser Referral Notice Form 2 Cl 8.2.5 a).
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On notice.
Adviser notify parties of receipt of an Adviser Referral Notice Form 3 Cl 8.2.5(b).
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Within 5 days of notification of referral to adviser.

Parties send adviser a statement containing:

  • brief history of dispute
  • a statement of issues
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Within 10 days of Adviser Referral Notice.
Adviser engages in agreed process.
Referral to DRP. Market notification of referral to DRP. Form 4 Cl 8.2.5(e).

 

User notes:

  1. NEMMCO must notify the adviser if it serves or is served a DMS Referral Notice Form 1B
  2. Days are business days.
  3. A printer friendly version of this flowchart is available.
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