Who may apply to the arbitration committee for mediation, and what must already exist between the parties before an application can be made?
General information · Not legal advice
Material to check
In a practice file, we read the correction claim or similar claim that the victim or a media organisation made, any reply or silence from the other side, and the applicant's own statement of status as victim or media organisation, since each condition the provision attaches turns on these papers.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the covered part as naming both applicant and body: where a dispute exists in connection with a claim for correction of a report or a similar claim under the Media Arbitration Act, either the victim or a media organisation may apply to the arbitration committee for mediation, and no other applicant or body is named.
Another reading stresses the conditions attached: the dispute must already exist and must relate to a correction claim or similar claim under the Act, so reporting that has not reached that stage falls outside the covered part, and the provision leaves it open how the existence of such a dispute is shown and by whom it is assessed.
Your judgment
If neither side's papers record a refusal or a breakdown in discussion, how could the file show that a dispute already existed when the application was filed?
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 change who may apply or which body receives the application, or if an arbitration committee rule defines what counts as a dispute related to a correction claim.