Planning and Environment Court Rules 2018
sec.45AMediation
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sec.45A Mediation
An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding. Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding. If a mediation is convened under subrule (1) or (2) for a P&E Court proceeding— each active party to the proceeding must attend the mediation; and any other person directed by the P&E Court must attend the mediation; and any other person may attend the mediation if all the active parties to the proceeding agree. In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues. r 45A ins 2019 SL No. 67 s 6 (sec.45A-ssec.1) An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding. (sec.45A-ssec.2) Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding. (sec.45A-ssec.3) If a mediation is convened under subrule (1) or (2) for a P&E Court proceeding— each active party to the proceeding must attend the mediation; and any other person directed by the P&E Court must attend the mediation; and any other person may attend the mediation if all the active parties to the proceeding agree. (sec.45A-ssec.4) In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.
- (a) each active party to the proceeding must attend the mediation; and
- (b) any other person directed by the P&E Court must attend the mediation; and
- (c) any other person may attend the mediation if all the active parties to the proceeding agree.
- (a) is familiar with the substance of the issues in dispute in the proceeding; and
- (b) is either— (i) authorised by the active party to settle the issues; or (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.
- (i) authorised by the active party to settle the issues; or
- (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.