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21 December 2017

Notification of refusal to mediate – Bait’N’Go

From the Ombudsman Kate Carnell AO

The Office of the Australian Small Business and Family Enterprise Ombudsman (ASBFEO) received a request for assistance from a small business that is in dispute with BNG Logistics Australia Pty Ltd (Bait'N'Go).

After unsuccessful attempts at pre-meditation, under subsection 71(4) of the Australian Small Business and Family Enterprise Ombudsman Act 2015, our Office recommended the parties attend mediation in order to resolve the matter.

Despite this recommendation, Bait’N’Go did not fully engage in an arranged mediation, and has refused to attend a subsequent mediation.

I am extremely disappointed in Bait’N‘Go’s lack of engagement and refusal to mediate, considering I believe that mediation is the most effective way to resolve a matter of this nature, provides a fair outcome and avoids costly litigation.

I continue to encourage Bait’N’Go to reconsider its decision to refuse mediation.