Mandatory Mediation and Neutral Evaluation: A Reality in New South Wales

David L. Spencer

La Trobe University

November 2, 2000

Australasian Dispute Resolution Journal, Vol. 11, No. 237, 2000


The New South Wales Parliament has recently passed the Supreme Court Amendment (Referral of Proceedings) Act 2000 (NSW) mandating mediation or neutral evaluation without the consent of the parties. It has been argued that mandating an ADR process runs counter to its philosophy. This article canvasses the arguments for and against mandatory mediation and asks whether courts should be involved in promoting ADR programs.

Mandatory Mediation and Neutral Evaluation- A Reality in New South Wales

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