Resolving disputes

MERCPA Special Scheme Application Form

Resolution Institute Mineral and Energy Resources
(Common Provisions) Act
2014 (QLD)

Pursuant to S. 88 and/or S. 91A of the Mineral and Energy Resources (Common Provisions) Act 2014 (“MERCPA”), if at the end of the minimum negotiation period, the Parties have not entered into a Conduct and Compensation Agreement regarding matters in dispute, either Party may issue an "ADR Election Notice" requiring the other Party to participate in a non-binding alternative dispute resolution process (an "ADR" ) such as mediation or conciliation, or an "Arbitration Election Notice" for the matter to be arbitrated.

To this end, the Parties may apply to the Resolution Institute to appoint a ADR Facilitator (such as a Mediator or Conciliator), or an Arbitrator:

  1. By agreement between the Parties; or
  2. Unilaterally by a Party where the minimum negotiation period has expired, and the ADR Election Notice or Arbitration Election Notice has been issued pursuant to s. 88(2) or s. 91A(2) of MERCPA; or
  3. Pursuant to a Decision by the Resolution Institute under s. 88(6) or s. 91A(6) of MERCPA following the rejection or non-acceptance by a Party of the:
    1. ADR Type (Mediation or Conciliation) and/or ADR Facilitator (Mediator or Conciliator) under s. 88(6); or
    2. Arbitrator to conduct Arbitration of the matter under s.91A(6).

Part A Application

MERCPA Section Dispute Resolution Process Dispute Resolver Documents Required
Section 88

ADR Type:

  • Mediation
  • Conciliation

ADR Facilitator:

  • Mediator
  • Conciliator
  • copy of any Notice of Intent to Negotiate issued pursuant to s. 84(1) of MERCPA
  • copy of any ADR Election Notice issued pursuant to s. 88(2) of MERCPA
  • copy of any ADR Refusal/Acceptance Notice received in respect of the ADR Election Notice made pursuant to s. 88(5) of MERCPA (if applicable)
Section 91A Arbitration Arbitrator
  • copy of any Notice of Intent to Negotiate issued pursuant to s. 84(1) of MERCPA
  • copy of any Arbitration Election Notice issued pursuant to s. 91A(2) of MERCPA
  • copy of any Arbitration Refusal/Acceptance Notice received in respect of the Arbitration Election Notice made pursuant to s. 91A(4) of MERCPA (if applicable)

Apply under Part A


Part B Application (optional)

Pursuant to S. 88(6), if the Party given an ADR Election Notice does not accept the ADR Type or ADR Facilitator proposed in the notice, the Party giving the notice may make another proposal, or obtain a Decision from the Land Court or a prescribed ADR institute such a Resolution Institute, about the matter not accepted.

Pursuant to S. 91A(6), if the Parties do not, jointly appoint an Arbitrator, the Party giving the Arbitration Election Notice must require a prescribed arbitration institute such as Resolution Institute to appoint an Arbitrator, who is independent of both Parties, to conduct the Arbitration.

MERCPA Section Dispute Resolution Process Dispute Resolver Documents Required
Section 88(6)

ADR Type:

  • Mediation
  • Conciliation

ADR Facilitator:

  • Mediator
  • Conciliator
  • copy of any Notice of Intent to Negotiate issued pursuant to s. 84(1) of MERCPA
  • copy of any ADR Election Notice issued pursuant to s. 88(2) of MERCPA
  • copy of any ADR Refusal/Acceptance Notice received in respect of the ADR Election Notice made pursuant to s. 88(5) of MERCPA (if applicable)
Section 91A(6) Arbitration Arbitrator
  • copy of any Notice of Intent to Negotiate issued pursuant to s. 84(1) of MERCPA
  • copy of any Arbitration Election Notice issued pursuant to s. 91A(2) of MERCPA
  • copy of any Arbitration Refusal/Acceptance Notice received in respect of the Arbitration Election Notice

Apply under Part B