New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 18A

18A Interpretation

(1) In this Part:
"alternative dispute resolution" means processes (other than a judicial determination) in which an impartial person assists persons in dispute to resolve or narrow the issues in dispute, including (but not limited to) the following:

(a) mediation (whether or not by a referral under this Act),

(b) expert determination,

(c) early neutral evaluation,

(d) conciliation,

(e) arbitration (whether or not by a referral under this Act).

"civil dispute" means a dispute that may result in the commencement of civil proceedings.
"costs", in relation to compliance with the pre-litigation requirements, means costs payable in or in relation to complying with the requirements, and includes fees, disbursements, expenses and remuneration.
"dispute resolution statement" means a statement filed under Division 3.
"mediation" means 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.
"pre-litigation protocol" -see section 18C.
"pre-litigation requirements" means the requirements set out in section 18E.

(2) In the event of an inconsistency between a provision of regulations made under this Part and a provision of any rules of court made under this Part, the provision in the regulations prevails to the extent of the inconsistency.

(3) Any provision of this Part that enables or provides for rules of court to be made in relation to a matter operates, in relation to a particular court, to confer power on the rule committee for the court to make local rules in relation to the matter under the Act that constitutes the court.

(4) Nothing in subsection (3) limits the operation of section 11 (Relationship between uniform rules and local rules).

(5) If costs of compliance with the pre-litigation requirements are awarded or taken into account in civil proceedings in accordance with a provision of this Part, those costs are to be treated as if they formed part of the costs of the proceedings and the amount of costs payable may be assessed accordingly.