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Section 29:
Alternative Dispute Resolution
Proposal 63
Rules making mediation mandatory in defined classes of case, unless exempted by court
order, should be adopted.
Proposal 64
A rule should be adopted conferring a discretionary power on the judge to require parties to
resort to a stated mode or modes of ADR, staying the proceedings in the meantime.
Interim Report paras 644-645
Proposal 65
A statutory scheme should be promoted to enable one party to litigation to compel all the
other parties to resort to mediation or some other form of ADR, staying the proceedings in
the meantime.
Interim Report paras 646-651
Proposal 66
Legislation should be introduced giving the Director of Legal Aid power to make resort to
ADR a condition of granting legal aid in appropriate types of cases.
Interim Report paras 652-654
Proposal 67
Rules should be adopted making it clear that where ADR is voluntary, an unreasonable
refusal of ADR or uncooperativeness during the ADR process places the party guilty of the
unreasonable conduct at risk of a costs sanction.
Interim Report paras 655-661
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