Community Justice Centres Act 1983 No 127
Current version for 27 October 2010 to date (accessed 21 November 2014 at 07:45)
Part 4

Part 4 Mediation

20   Provision of mediation services generally

(1)  The Director is responsible for the provision of mediation services and for the operation and management of Community Justice Centres.
(2)  Each mediation session shall be conducted by one or more mediators assigned for the purpose by the Director.
(3)  No dispute shall be accepted for mediation under this Act except with the consent of the Director.

20A   Provision of mandatory mediation services

(1)  This section applies to a dispute that has been referred to Community Justice Centres for mediation by an order of a court or tribunal under a provision of another Act or of a statutory rule.
(2)  The Director may accept, or decline to accept, a dispute to which this section applies for mediation under this Act.
(3)  If the Director accepts a dispute to which this section applies for mediation:
(a)  the Director may assign the mediator or mediators who are to conduct the mediation sessions in relation to the dispute, and
(b)  a mediator assigned by the Director to conduct the mediation sessions in relation to the dispute is taken to be the mediator appointed by the court or tribunal that made the order referring the dispute for mediation or the mediator specified in the order, as the case may be.
(4)  Unless otherwise provided by the regulations:
(a)  the provisions of this Act (except section 23 (1) and (3)) apply to the mediation under this Act of a dispute to which this section applies and to the mediators conducting the mediation sessions in relation to the dispute, and
(b)  the provisions of the Act or statutory rule under which an order was made referring such a dispute for mediation under this Act, and the terms of the order:
(i)  apply to the mediation of the dispute under this Act and to the mediators conducting the mediation sessions in relation to the dispute in the same way as they apply to mediation under the Act or statutory rule under which the referring order was made and mediators conducting mediation under that Act or statutory rule, and
(ii)  so apply except to the extent to which they are inconsistent with subsection (3) or the other provisions of this Act applied by paragraph (a).
(5)  If the Director accepts a dispute to which this section applies for mediation under this Act, the Director is to provide a written report on the outcome of the mediation or attempted mediation to the court or tribunal that referred the matter for mediation.
(6)  If the Director declines to accept a dispute to which this section applies for mediation under this Act, the Director is to give the court or tribunal that referred the matter for mediation notice in writing of the Director’s decision and the reason for the decision.

21   Conduct of mediation sessions

(1)  The procedure for commencing and conducting a mediation session at a Community Justice Centre is to be as determined by the Director.
(2)  Mediation sessions shall be conducted with as little formality and technicality, and with as much expedition, as possible.
(3)  The rules of evidence do not apply to mediation sessions.
(4)  A party to a mediation session may be accompanied by or represented by another person.
(5)  The Director or the mediator conducting a mediation session may exclude a person (other than a party to the mediation session) from attending, or continuing to attend the mediation session if, in the Director’s or mediator’s opinion, the presence of the person may frustrate the purpose or conduct of the mediation session.

22   Disputes

(1)  The Director may determine that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.
(2)  A mediation session may be commenced or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.
(3)  For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).

23   Mediation to be voluntary

(1)  Attendance at and participation in mediation sessions are voluntary.
Note. See, however, section 20A (4) (a) which provides that this subsection (and subsection (3)) does not apply to the mediation of a dispute referred to Community Justice Centres for mediation by an order of a court or tribunal.
(2)  A party to a mediation session may withdraw from the mediation session at any time.
(3)  Notwithstanding any rule of law or equity, any agreement reached at, or drawn up pursuant to, a mediation session is not enforceable in any court, tribunal or body, unless the parties agree in writing that the agreement is to be enforceable.
(4)  Except as expressly provided in this Act, nothing in this Act affects any rights or remedies that a party to a dispute has apart from this Act.

24   Refusal or termination of mediation

(1)  The Director may decline to consent to the acceptance of any dispute for mediation under this Act at a Centre.
(2)  A mediation session may be terminated at any time by the mediator or by the Director.

25   (Repealed)

Top of page