Section 39

both parties give informed consent to mediation process;

and

the Tribunal has determined that mediation is appropriate, in all the circumstances.

Without limiting the generality of subsection (1), in determining whether mediation is appropriate, the Tribunal shall have regard to the safety and wellbeing of the child parties and any other factors that, in the opinion of the Tribunal, are likely to impair the ability of either or both of the parties to participate effectively in mediation.

Where the parties have given informed consent for the mediation process, the Tribunal shall refer the parties to the Director General of Legal Aid for the purposes of application for mediation service in accordance with the Legal Aid and Public

Defence Act 202… [Act ….].

Where the parties reach an agreed resolution in the mediation sessions, the Tribunal shall approve and record the agreed resolution, and that recorded resolution shall then take effect as if it is an award of the Tribunal.

The Tribunal shall proceed to determine the complaint of bully if—