Statutory provisions on dispute resolution

Reference received: 1 March 2013

Report

Report 146 - Dispute resolution (PDF, 668.8 KB), June 2018

• Tabled in Parliament on 16 August 2018.
  

Other documents

• Consultation Paper 18: Dispute resolution: model provisions (PDF, 658.5 KB), December 2016
• Consultation Paper 16: Frameworks in NSW, April 2014

Submissions​

• Submissions
  

Terms of reference

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 need not review dispute resolution under the Commercial Arbitration Act 2010 or the Industrial Relations Act 1996.