Dispute Resolution Frameworks in NSW: Law Reform Commission Inquiry
Monday 4 August 2014 @ 11.48 a.m. | Legal Research
The NSW Law Reform Commission, based under the Attorney General and Minister for Justice , is still receiving submissions for its current inquiry into statutory provisions on dispute resolution in NSW.
Terms of Reference
Specifically, the Commission is to review the statutory provisions that provide for mediation and other forms of alternative dispute resolution with a view to updating those provisions and, where appropriate, recommending a consistent model or models for dispute resolution in statutory contexts, including court ordered mediation and alternative dispute resolution.
In undertaking this review the Commission should have regard to:
- the desirability of just, quick and cheap resolution of disputes through use of mediation and other forms of dispute resolution in appropriate contexts
- issues of referral powers (including timing of referrals), confidentiality, status of agreements reached, and proper protections required for the parties, mediators, and others involved in dispute resolution
- the proper role for legislation, contract and other legal frameworks in establishing frameworks for dispute resolution
- any related matters the Commission considers appropriate.
The Commission has been instructed not to review dispute resolution under the Commercial Arbitration Act 2010 or the Industrial Relations Act 1996.
Closing Date for Submissions
The Consultation Paper is available on the NSW Law Reform Commission Website and was released on 23 April 2014. It provides an overview of the statutory provisions for dispute resolution and asks what provisions are appropriate in the variety of contexts which the existing provisions cover.
14 submissions to the inquiry have currently been made and the NSW Law Reform Commission is still accepting submissions although the closing date was 17 June 2014.
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