After an expert has explained the examination results to the mediation panel, on what conditions may the panel require a fresh examination, and who must form the new examination panel?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the explanation an expert member gave the mediation panel upon its request, the panel's record showing that a majority of mediation members concurred, and the panel's written request stating its reasons and the period it set, together with the director's paper forming the new examination panel.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision step by step: an expert member of the examination panel must attend the mediation panel and explain the results when the panel requests it, and only if a majority of the mediation members concur may the panel require a re-examination, stating the reasons and the period for it, after which the director shall form a fresh panel from members who took no part in the earlier examination.
Another reading stresses what the provision leaves open: it gives the mediation panel a power framed by a majority vote, a stated reason and a stated period, but sets no grounds on which a re-examination may be required, no length for the period, and no rule on how the fresh examination differs in scope from the first.
Your judgment
How could the file show that the members of the new examination panel formed by the director took no part in the earlier examination?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add a standard for requiring a re-examination or to change who forms the new panel, or if a court decision constrains the panel's discretion.