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NCJ Number: 218228 Find in a Library
Title: Successful Experiment in Judicial Mediation
Journal: Judicial Officers' Bulletin  Volume:18  Issue:9  Dated:October 2006  Pages:71-75
Author(s): Monika Schmidt
Date Published: October 2006
Page Count: 3
Type: Program/Project Description
Format: Article
Language: English
Country: Australia
Annotation: This paper describes the procedures and effects of the introduction of judicial mediation into the unfair contracts jurisdiction of the Industrial Relations Commission of New South Wales (Australia).
Abstract: The enactment of the Industrial Relations Act 1996 in New South Wales introduced compulsory conciliation into the unfair contracts jurisdiction of the Industrial Relations Commission of New South Wales. The unfair contracts jurisdiction (s 106 matters) is exercised by judges of the Industrial Court. Conciliations are usually conducted by judges of the court, who are also deputy presidents of the Industrial Relations Commission. Conciliation provides the parties in a dispute over a business contract or agreement with an opportunity to resolve the litigation more cheaply and quickly than costly jurisdictional challenges often involve. The conciliation is conducted informally in a manner similar to private mediations. The main difference is that these conciliations are compulsory, so the judge has more control than in a private mediation, in which the parties hire the mediator and control the mediator's role by their agreement. The conciliation is also typically conducted with the judge having much less access to information than mediators are generally given prior to a mediation. Conciliations are conducted in private, and discussions remain confidential. Experience with judicial mediation processes suggest that it could be useful in other courts. 5 notes
Main Term(s): Foreign courts
Index Term(s): Alternative court procedures; Civil contracts system; Civil litigation; Conciliation courts; Mediation; New South Wales
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