Download This PaperMandatory Mediation and Neutral Evaluation: A Reality in New South Wales
Australasian Dispute Resolution Journal, Vol. 11, No. 237, 2000
16 Pages Posted: 3 Sep 2008
Date Written: November 2, 2000
Abstract
The New South Wales Parliament has recently passed the Supreme Court Amendment (Referral of Proceedings) Act 2000 (NSW) mandating mediation or neutral evaluation without the consent of the parties. It has been argued that mandating an ADR process runs counter to its philosophy. This article canvasses the arguments for and against mandatory mediation and asks whether courts should be involved in promoting ADR programs.
Keywords: dispute resolution, mediation, mandatory court orders to mediate
Suggested Citation: Suggested Citation
Spencer, David L., Mandatory Mediation and Neutral Evaluation: A Reality in New South Wales (November 2, 2000). Australasian Dispute Resolution Journal, Vol. 11, No. 237, 2000, Available at SSRN: https://ssrn.com/abstract=1262094
Feedback
Feedback to SSRN