Statutory provisions on dispute resolution


Report 146 - Dispute resolution (PDF, 668.8 KB)

  • Tabled in Parliament on 16 August 2018.

Other documents


Terms of reference

Reference received: 1 March 2013

The Commission is to review the statutory provisions that provide for mediation and other forms of alternative dispute resolution with a view to updating those provisions and, where appropriate, recommending a consistent model or models for dispute resolution in statutory contexts, including court ordered mediation and alternative dispute resolution.

In undertaking this review the Commission should have regard to:

  • the desirability of just, quick and cheap resolution of disputes through use of mediation and other forms of dispute resolution in appropriate contexts
  • issues of referral powers (including timing of referrals), confidentiality, status of agreements reached, and proper protections required for the parties, mediators, and others involved in dispute resolution
  • the proper role for legislation, contract and other legal frameworks in establishing frameworks for dispute resolution
  • any related matters the Commission considers appropriate.

The Commission need not review dispute resolution under the Commercial Arbitration Act 2010 or the Industrial Relations Act 1996.

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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.

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