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CIVIL LAW (WRONGS) ACT 2002 - SECT 192 Meaning of mediation, neutral evaluation etc

CIVIL LAW (WRONGS) ACT 2002 - SECT 192

Meaning of mediation, neutral evaluation etc

    (1)     For this part, mediation is a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.

    (2)     For this part, "mediation session" means a meeting arranged for the mediation of a matter under this part.

    (3)     For this part, neutral evaluation is a process of evaluation of a dispute in which the evaluator seeks to identify and reduce the issues of fact and law that are in dispute.

    (4)     The evaluator's role includes assessing the relative strengths and weaknesses of each party's case and offering an opinion about the likely outcome of the proceeding, including any likely findings of liability or the award of damages.

    (5)     For this part, "neutral evaluation session" means a meeting arranged for the neutral evaluation of a matter under this part.