The Code requires you to first try to resolve your dispute with the other party by sending them a notice of dispute (DOCX 20KB) outlining:

• the nature of the dispute
• what outcome you want
• what action will settle the dispute

If you can’t agree on an outcome within three weeks, either party may refer the matter to mediation, which involves an informal negotiation between the parties facilitated by an independent third party.

If the dispute is not resolved through the internal dispute resolution process, the parties may refer the matter to mediation.

This a cost-effective dispute resolution option for growers and traders under the Code. Appointed mediators help growers and traders to resolve their dispute without going to court.

Once mediation is requested, it becomes mandatory for both parties to attend and to genuinely try to resolve the dispute.

A Horticulture Produce Assessor (the assessor) may be appointed by the parties at any stage of the dispute process.

The assessor may be appointed in two ways:

1. if the parties to a Horticulture Produce Agreement agree to a person being appointed or
2. if the parties cannot agree, either the mediation advisor or the mediator can appoint the assessor.

The assessor can investigate and report on a dispute:

a. where a trader has rejected horticulture produce under the agreement and/or

b. about the calculation of amounts paid by a trader to a grower.

The mediation advisor maintains a list of horticulture produce assessors which can be found here.

If you are interested in being on our list of produce assessors please email us at info@asbfeo.gov.au

If a party to a dispute does not comply with reasonable requests made to them by the assessor for the purpose of investigating the matter and/or preparing the assessors report, this may attract a civil penalty of 300 penalty units.

The Assessor will prepare a report and provide it to the parties to the agreement, and (if applicable) the mediator.