(1) An alternative dispute resolution process recommended by the Ombudsman is to be conducted by a person, other than a person mentioned in subsection (2), chosen by the parties to the dispute.
(2) An alternative dispute resolution process recommended by the Ombudsman must not be conducted by:
(a) the Ombudsman; or
(b) a delegate of the Ombudsman; or
(c) a person assisting the Ombudsman under section 33; or
(d) a person engaged as a consultant under section 34.