102Alternative dispute resolution

102 Alternative dispute resolution

[Section 102 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  The Tribunal may, at an initial directions hearing in relation to proceedings or at any other time, require the parties to proceedings to participate in an alternative dispute resolution process to be presided over by a person specified by the Tribunal.

(2)  The person specified by the Tribunal as the person to preside over an alternative dispute resolution process must be a person who has been approved by the President to act as such a person.

(3)  The requirement may be made with or without the consent of the parties.

(4)  The purpose of an alternative dispute resolution process is to resolve or narrow the issues between the parties.

(5)  The Tribunal rules may prescribe any of the following:

(a) how notice of the alternative dispute resolution process is to be given;

(b) how the alternative dispute resolution process is to be conducted.

(6)  Unless the person conducting the alternative dispute resolution process directs otherwise, the alternative dispute resolution process is to be held in private.

(7)  Subject to this section and except to the extent to which the regulations may prescribe the procedure for an alternative dispute resolution process, the person conducting the process may determine the procedure for the alternative dispute resolution process.

(8)  Evidence of anything said or done in the course of an alternative dispute resolution process under this section is inadmissible in proceedings before the Tribunal, except by consent of all parties to the proceedings.

(9)  If the person conducting the alternative dispute resolution process is a member of the Tribunal, the member cannot take any further part in dealing with the proceedings after the alternative dispute resolution process has taken place, unless all parties to the proceedings agree to the member’s continued participation.

(10)  The person conducting the alternative dispute resolution process in relation to a matter may adjourn the process if the person considers it may assist in enabling the parties to attempt to reach a settlement.