32HRegulations to promote claims resolution

32H Regulations to promote claims resolution

32H Regulations to promote claims resolution

(1) The Governor may make regulations for or with respect to the following—

(a) the establishment of a claims resolution process for claims, with procedures for identifying the issues in dispute between the parties to a claim and the settlement of claims by alternative dispute resolution processes,

(b) procedures and presumptions for the apportionment of liability between defendants and cross-defendants in connection with a claim,

(c) the making and acceptance of offers of compromise and the consequences by way of costs penalties and costs relief of the rejection of an offer by a party who fails to improve their position at hearing,

(d) identifying the issues that remain in dispute when a claim is not settled by the claims resolution process and limiting the determination of the claim in the Tribunal to a determination of those issues,

(e) subpoenas to give evidence or to produce any document or thing, including the issue and return of subpoenas and compliance with subpoenas,

(f) costs (including disbursements) payable by a party in or in relation to a claim,

(g) the practice and procedure to be followed in proceedings and any other matter for or with respect to which rules may be made under this Act,

(h) the exclusion of any proceedings or class of proceedings from the operation of any specified provision of the Civil Procedure Act 2005 or the rules made under that Act,

(i) the modification of any specified provision of the Civil Procedure Act 2005 or the rules made under that Act in its application to any proceedings or class of proceedings.

(2) Without limitation, this section authorises the making of regulations for or with respect to the following—

(a) the exchange of information between the parties to a claim,

(b) the compulsory mediation of claims and the functions, privileges, remuneration, immunities and protections of mediators and parties to mediation,