38A.1 Scope of this Part
-
(1) This Part deals with a judicial settlement conference which is intended to complement the provisions for mediation as an alternative dispute resolution mechanism for promoting the early disposition of cases.
-
(2) The purpose of this Part is to facilitate the making of an order or recommendation for a judicial settlement conference designed to assist the parties in their negotiation of a settlement of the proceedings or of any of the issues in the proceedings.
-
(3) This Part contemplates judicial involvement in the settlement process at two stages —
-
(a) during the case management conference process and the stages leading up to trial or the hearing of an appeal; and
-
(b) during the hearing or trial provided it is undertaken with the parties' consent.
-
(4) In conducting a judicial settlement conference, a judge or master may assist the parties in evaluating the merits of the dispute and may also provide an evaluation or an opinion of the likely outcome of the dispute.
-
(5) In this Part —
“court” means the High Court and where appropriate, the Court of Appeal;
“judge” means judge of the High Court and where appropriate, Justice of Appeal; and
“relevant enactment” means the Evidence Act or similar enactment in force in a Member State or Territory.