(1)The commissioner may make a recommendation that an application be the subject of specialist mediation, specialist conciliation or specialist adjudication if the commissioner may make the recommendation under the conditions applying under this chapter to the making of the recommendation.
(2)However, the commissioner must make the recommendation if—
(a)the parties ask for it to be made; and
(b)the commissioner may make it under the conditions applying under this chapter to the making of the recommendation.