Notification of UCPR Rule change and protection provided by court referral

05/05/2009

The Supreme Court ADR Committee has issued a reminder in respect of a change to Uniform Civil Procedure Rule (UCPR) 20.7 and protection provided by the referral of matters to mediation pursuant to section 26 of the _Civil Procedure Act 2005 _(NSW).

The Rule now provides:

20.7�� Notifications after mediation

Within 7 days after the conclusion of the last mediation session, the mediator must advise the court of the following:

(a) the time and date the first mediation session commenced, and

(b) the time and date the last mediation session concluded.

(See: Sharjade Pty Ltd v RAAF (Landings) Ex-Servicemen Charitable Fund Pty Ltd [2008] NSWSC 1347.)

The mediator is obliged to notify the Registrar of the relevant Court or Division of the Court to comply with the requirements of UCPR 20.7 in respect to any matters referred to mediation pursuant to section 26 Civil Procedure Act 2005 (NSW).� The notification should include the name of the matter and case number.

Part 4 Civil Procedure Act 2005 (NSW)

Mediators are reminded of the protection provided by Part 4 of the Civil Procedure Act 2005 (NSW).� Matters referred by the court pursuant to section 26 of the Civil Procedure Act 2005 (NSW) to mediation acquire the following protection (inter alia):

Section 30 – Privilege of the mediation session

Section 31 – Confidentiality of the mediation process with noted exceptions

Section 33 – Protection from liability, for mediators

There is also practical administrative assistance provided by this Part for mediators which relates to the allocation of costs of mediation (section 28), the enforceability of agreements and arrangements arising from mediation sessions (section 29), and the provision for directions by mediators as to the preparation for, and conduct of, the mediation (section 32).

5 May 2009