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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 63
Supreme
Court Amendment (Mediation) Bill 2009
Ms
Lawrie
A Bill for an Act to amend the Supreme Court Act
NORTHERN TERRITORY OF AUSTRALIA
SUPREME COURT AMENDMENT (MEDIATION) ACT 2009
____________________
Act No. [ ] of 2009
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Table of provisions
83A Mediation
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2009
____________________
An Act to amend the Supreme Court Act
[Assented to [ ] 2009]
[Second reading [ ] 2009]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Supreme Court Amendment (Mediation) Act 2009.
This Act commences on the date fixed by the Administrator by Gazette notice.
This Act amends the Supreme Court Act.
After section 83
insert
(1) If the Court considers it appropriate, the Court may direct that a civil proceeding be set down for mediation to explore the possibility of:
(a) settling the proceeding; or
(b) resolving a particular issue in the proceeding.
(2) The appointment of a mediator for a civil proceeding, and procedures relating to the mediation, must be in accordance with the Rules.
(3) The Rules may provide for any of the following to be appointed to be a mediator for a civil proceeding:
(a) a Judge;
(b) the Master;
(c) a Registrar;
(d) a person with suitable qualifications for conducting mediation.
(4) The Rules may also provide for the appointment of 2 mediators for a civil proceeding, to mediate jointly.
(5) A mediator appointed for a civil proceeding must not disclose to another person any information obtained during or for the mediation except as required or authorised by law.
(6) Evidence of anything said or done during mediation for a civil proceeding is not admissible in the proceeding or a court without the consent of the parties except to prove that a settlement was reached and the terms of the settlement.
(7) This section does not prevent:
(a) the Court itself from attempting to achieve a negotiated settlement of a civil proceeding or resolution of an issue in a civil proceeding; or
(b) the person exercising the power of the Court mentioned in paragraph (a) from taking further part in the proceeding.
(8) However, if a Judge, the Master or a Registrar is appointed to be the mediator for a civil proceeding, and has conducted mediation for the proceeding, he or she is disqualified from taking further part in the proceeding.
(9) A person conducting or participating in mediation for a civil proceeding has the same immunity for an honest act, or an honest and temperate statement or act, done or made during the mediation, as is conferred by the Courts and Administrative Tribunals (Immunities) Act on a person conducting or participating in a proceeding.
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