MAGISTRATES COURT ACT 1991 - SECT 27

MAGISTRATES COURT ACT 1991 - SECT 27

27—Mediation and conciliation

        (1)         Subject to and in accordance with the rules, the Court constituted of a Magistrate or Judicial Registrar (whether sitting with assessors or not) may, with or without the consent of the parties, and any other judicial officer or a 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 Magistrate 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 Magistrate, Judicial Registrar or other judicial officer 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.