South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 271

271—Mediation, conciliation and neutral evaluation

        (1)         A council may, as part of, or in addition to, the procedures established under section 270, make provision for disputes between a person and the council to be dealt with under a scheme involving mediation, conciliation or neutral evaluation under this section.

        (2)         A scheme made under this section must provide for the constitution of panels of persons who are available to act as mediators, conciliators and evaluators, and for the selection of an appropriate mediator, conciliator or evaluator if a dispute is to be dealt with under this section.

        (3)         For the purposes of mediation proceedings—

            (a)         the mediator may call a conference of the parties to the dispute and at that conference seek to identify the issues and the possibilities of resolving the matter by agreement; and

            (b)         a conference may be adjourned from time to time by the mediator; and

            (c)         the mediator may at any time interview the parties separately or together; and

            (d)         the mediator may at any time bring the proceedings to an end if the mediator considers that the proceedings will not result in an agreed settlement between the parties.

        (3a)         For the purposes of conciliation proceedings—

            (a)         the conciliator may call a conference of the parties to the dispute and at that conference seek to identify the issues and to provide advice as to how the matter might be settled through the conciliation proceedings; and

            (b)         the conciliator may make a recommendation for the resolution of the dispute; and

            (c)         a conference may be adjourned from time to time by the conciliator; and

            (d)         the conciliator may at any time bring the proceedings to an end if the conciliator considers that the proceedings will not result in a settlement of the matter.

        (4)         For the purposes of conducting neutral evaluation of a dispute—

            (a)         the parties must attend before the evaluator at a time and place determined by the evaluator; and

            (b)         the evaluator must hear the parties and seek to—

                  (i)         identify and reduce the issues of fact and law that are in dispute; and

                  (ii)         assess the relative strengths and weaknesses of each party's case; and

                  (iii)         offer an opinion of the likely outcome of further proceedings; and

            (c)         the evaluator may at any time interview the parties separately or together.

        (5)         A mediator, conciliator or evaluator may otherwise inform himself or herself on a matter as he or she thinks fit.

        (6)         Evidence of anything said or done in an attempt to resolve a matter by mediation, conciliation or neutral evaluation under this section must not be disclosed in subsequent proceedings.

        (7)         Costs and expenses associated with the appointment and work of a mediator, conciliator or evaluator under this section will be shared equally between the council and the other party.

        (8)         No civil liability attaches to a mediator, conciliator or evaluator acting in good faith under this section.

        (9)         Nothing in this section prevents a person from making a complaint to the Ombudsman at any time under the Ombudsman Act 1972 .