(1) A
mediation proceeding or evaluation under section 280 or 280.1 of the Act or a court proceeding or arbitration under clause 281 (1)(a) or (
b) of the Act in respect of a benefit shall be commenced within two years
after the insurer's refusal to pay the amount claimed.
Regardless of whether
mediation is voluntary or mandatory, if either party requests that
mediation be deferred until
after the arbitration request can be reviewed by the Grievance Committee, the arbitration request will be referred to the Grievance Committee for that committee's determination whether (a) an arbitrable issue exists, and (
b) whether arbitration would be voluntary or mandatory.Where any party initially declines to mediate pending the Grievance Committee's review of the arbitration request, the parties shall in all instances again be offered the opportunity to mediate following the Grievance Committee's review.