DISTRICT COURT ACT 1991 - SECT 32
DISTRICT COURT ACT 1991 - SECT 32
(1) Subject to and in
accordance with the rules, the Court constituted of a Judge, Master or
Judicial Registrar (whether or not sitting with assessors) may, with or
without the consent of the parties, or the Registrar may, with the consent of
the parties, appoint a mediator and refer an action or any issues arising in
an action for mediation by the mediator.
(2) A mediator
appointed under this section has the privileges and immunities of a Judge and
such of the powers of the Court as the Court may delegate.
(2a) A mediator
appointed under this section must not, except as required or authorised to do
so by law, disclose to another person any information obtained in the course
or for the purposes of the mediation.
(2b) The Court may
itself endeavour to achieve a negotiated settlement of an action or resolution
of any issues arising in an action.
(2c) A Judge, Master
or Judicial Registrar who attempts to settle an action or to resolve any
issues arising in an action is not disqualified from taking further part in
those proceedings but will be so disqualified if he or she is appointed as a
mediator in relation to those proceedings.
(3) Evidence of
anything said or done in an attempt to settle an action by mediation under
this section is not subsequently admissible in the proceedings or in related
proceedings.
(5) Where a case is
settled under this section, the terms of the settlement may be embodied in a
judgment.