Alternative Dispute Resolution Act 2001 (Tas)

Alternative Dispute Resolution Act 2001

An Act to provide for the mediation of disputes as an alternative to litigation [Royal Assent 19 September 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Alternative Dispute Resolution Act 2001 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation (1) In this Act, unless the contrary intention appears – court means – (a) the Supreme Court or the lower courts within the meaning of the Magistrates Court Act 1987 ; or (b) a tribunal prescribed by the regulations; evaluator means a person to whom a court refers a matter for neutral evaluation under this Act; mediation has a meaning given by subsection (2) ; mediation session means a meeting arranged for the mediation of a matter under this Act; mediator means a person to whom a court refers a matter for mediation under this Act; neutral evaluation has a meaning given by subsection (3) ; neutral evaluation session means a meeting arranged for the neutral evaluation of a matter under this Act; registrar means, in the case of the Supreme Court, the Registrar of that Court or, in the case of the Magistrates Court, a district registrar of that Court; regulations means regulations made and in force under this Act. (2) In this Act – mediation, which includes conciliation, means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute. (3) In this Act – neutral evaluation means a process of evaluation of a dispute in which the evaluator seeks to identify and reduce the issues of fact and law that are in dispute. (4) The evaluator's role includes assessing the relative strengths and weaknesses of each party's case and offering an opinion as to the likely outcome of the proceedings, including any likely findings of liability or the award of compensation.