March 2009 - February 2010 Annual Report

Analysis and Interpretation of Statistics

Nature of Disputes Mediated and Unmediated

A summary of each matter, mediated or unmediated follows (continued):

  • A separate enquiry related to policy requirements and compliance with regards to the formation of a new supply agreement. Our office referred the enquirer to the ACCC to obtain a copy of their compliance manual. It was noted that there was no specific dispute to report at this stage, but that parties wished to avoid escalation of any problems and to better understand the processes in place to deal with conflict when it arises.

  • Another enquiry related to alleged misleading information provided by the other party with regard to temperature corrected volume.

  • A separate enquiry related to negotiations over an option for renewal. The enquirer was concerned to observe and comply with the Code when making and accepting offers for a renewal term.

  • Another enquiry related to changed credit terms with regard to pre-payment for supply.

  • A separate enquiry stemmed from the termination of a commission agent’s agreement and the outstanding security deposit that remained unresolved. This enquirer requested assistance from the DRA’s office and the matter was resolved effectively once the DRA contacted both parties and negotiations resumed.

  • Another enquiry related to a potential dispute and a question of whether or not the issue fell within the scope of the Code. This was ultimately a matter of compliance and the enquirer was referred to the ACCC for further guidance.

  • A separate enquiry related to a dispute that is already under proceedings. The solicitor for one party wanted to understand whether the parties were required to use the DRA service as part of the proceedings. Our office referred the solicitor to the appropriate section of the Code for further guidance.

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