Chapter 5 (Appropriate Dispute Resolution) Flashcards
What is it?
Section 3 - appropriate dispute resolution definition (process with purpose of negotiating settlement or resolving/narrowing issues in dispute, inter alia)
(8 types; M,ENE,JRC,SC,RQ to SR, ED, C, Arb)
a process attended or participated in by a party for the purposes of negotiating a settlement of the civil proceeding or resolving or narrowing the issues in dispute, including but not limited to:
● (a) Mediation (b) Early neutral evaluation
(c) Judicial resolution conference (d) Settlement conference
● (e) A reference of a question, a civil proceeding or part of a civil proceeding to a special referee (f) Expert determination
● (g) Conciliation (h) Arbitration.
Judicial resolution conference (M, ENE, SC, Conciliation)
A resolution process presided over by a judge, associate judge, magistrate or registrar for the purposes of negotiating a settlement of the dispute including but not limited to:
● (i) Mediation (ii) Early neutral evaluation
● (iii) Settlement conference (iv) Conciliation
66 Court may order proceeding to ADR - including w/o consent to non-binding process, at any time
(1) can order to ADR
(2) can be done without consent unless ADR type is: (a) Arbitration; (b) Reference to a special referee; (c) Expert determination; (d) Any other type of ADR which results directly or indirectly in a binding outcome.
(3) Can be made at any time in the proceeding.
S67 Evidence of things said and done in judicial resolution conference (not to be adduced absent court order)
no evidence shall be admitted at the hearing of any proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the court otherwise orders, having regard to the interests of justice and fairness.
68 Protection of conduct of JRC (judicial immunity, not compellable)
(1) Judicial immunity re the conferences (2) not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of a JRC.
69 Interaction with other Acts and rules of court
The powers of a court under this Chapter are in addition to, and do not derogate from, any powers a court has under any other Act (including any Commonwealth Act) or the rules of court in relation to ADR.
