Department of Justice is now the Department of Communities and Justice.  Find out more >


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.