CPA - Appropriate Dispute Resolution

Question 1

66 Court may order proceeding to appropriate dispute resolution

Answer 1

A court may order, at any stage, that all or part of a proceeding be referred to ADR.

Parties must consent IF the ADR in question in/directly results in binding outcome (e.g. arbitration, reference to a special referee, expert determination etc).

The CPA defines ADR to include:

• mediation, whether or not referred to a mediator re with rules of court;
• early neutral evaluation;
• judicial resolution conference;
• settlement conference;
• reference of a question, a civil proceeding or part of a civil proceeding to a special referee;
• expert determination;
• conciliation;
• arbitration.

Question 2

67 Admissibility of evidence of things said/ done in judicial resolution conferences

Answer 2

A judicial resolution conference is a non-determinative ADR process presided over by a judge, associate judge, judicial registrar or magistrate (s3).

If a judicial resolution conference is ordered, evidence of what was said or done in the conference is NOT ADMISSIBLE.

HOWEVER, a court retains discretion to admit evidence of things said and done at judicial resolution conferences, having regard to the interests of fairness and justice.

Question 3

68 Protection (for judicial officers) of conduct of judicial resolution conference

Answer 3

A judicial officer performing duties in connection with any judicial resolution conference has the same protections a Judge of the SCV has in the performance of their duties as a Judge.

A judicial officer cannot be compelled to give evidence in any proceeding of anything said or done arising out of a judicial resolution conference.