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s 28.02

Orders that may be sought

In force
Chapter 2Original jurisdiction—proceedings generally
Part 28Alternative dispute resolution
Division 28.1General

28.02 Orders that may be sought

(1)

A party may apply to the Court for an order that:

(a)

the proceeding or part of the proceeding be referred to an arbitrator, mediator, or some suitable person for resolution by an ADR process; and

(b)

the proceeding be adjourned or stayed; and

(c)

the arbitrator, mediator, or person appointed to conduct an ADR process report to the Court on progress in the arbitration, mediation or ADR process.

(2)

In this Part:

suitable person means a person who has been appointed under paragraph 28.02(1)(a).

Note 1:

ADR process is defined in the Dictionary.

Note 2:

The Court may refer a proceeding to an arbitration, a mediation or an ADR process of its own motion—see section 53A of the Act. The Court can only refer a proceeding to arbitration with the consent of the parties—see section 53A(1A) of the Act.

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