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r 32.07

Mediation conference

In force
Chapter 1General Rules
Part 32Case management

32.07 Mediation conference

(1) Where the Court refers the parties to a mediation conference, a registrar must fix a date, time and place for the conference and give all parties notice of them.

(2)

A mediation conference is to be held before:

(a)

a judicial registrar;

(b)

a registrar; or

(c) a mediator appointed by the Chief judge or a judicial registrar from the list of mediators referred to in rule 32.08(2).

(3)

Each party must attend a mediation conference:

(a)

in the case of an individual – in person;

(b) in the case of a corporation – by an officer or employee of the corporation authorised by the corporation to attend;

(c) in the case of a firm – by all the partners, or by one or more partners with the unfettered written authority of all the other partners to attend; or

(d) in the case of the Territory – by an employee (as defined in the Public Sector Employment and Management Act 1993) of the Agency on behalf of which the Territory is conducting the proceedings who is authorised in writing by the Chief Executive Officer of that Agency to attend.

(4) An authorisation to attend a mediation conference referred to in subrule (3)(b), (c) or (d) includes an authorisation to settle the matter if possible.

(5) With the leave of the Court, a party attending a mediation conference may be accompanied by:

(a) a legal practitioner who is fully instructed as to the conduct of the proceedings and the options for settlement; or

(b)

some other person.

(6) The mediator may adjourn a mediation conference if the parties consider that further negotiations may lead to a settlement.

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