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SUPREME COURT ACT 1935 - SECT 65

SUPREME COURT ACT 1935 - SECT 65

65—Mediation and conciliation

        (1)         Subject to and in accordance with the rules of court, the court constituted of a judge, master or judicial registrar may, with or without the consent of the parties, or the registrar may, with the consent of the parties, appoint a mediator and refer a civil proceeding or any issues arising in a civil proceeding 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.

        (3)         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.

        (4)         The court may itself endeavour to achieve a negotiated settlement of a civil proceeding or resolution of any issues arising in a civil proceeding.

        (5)         A judge, master or judicial registrar who attempts to settle a proceeding or to resolve any issues arising in a proceeding is not disqualified from taking further part in the proceeding but will be so disqualified if he or she is appointed as a mediator in relation to the proceeding.

        (6)         Evidence of anything said or done in an attempt to settle a proceeding by mediation under this section is not subsequently admissible in the proceeding or in related proceedings.

        (7)         If a case is settled under this section, the terms of the settlement may be embodied in a judgment.