SUPREME COURT ACT 1935 - SECT 65
SUPREME COURT ACT 1935 - SECT 65
(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.