Alternative Dispute Resolution Act 2001 (TAS)

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Alternative Dispute Resolution Act 2001

An Act to provide for the mediation of disputes as an alternative to litigation

[Royal Assent 19 September 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Alternative Dispute Resolution Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Interpretation (1)  In this Act, unless the contrary intention appears – court means – (a) the Supreme Court or the lower courts within the meaning of the Magistrates Court Act 1987 ; or (b) a tribunal prescribed by the regulations; evaluator means a person to whom a court refers a matter for neutral evaluation under this Act; mediation has a meaning given by subsection (2) ; mediation session means a meeting arranged for the mediation of a matter under this Act; mediator means a person to whom a court refers a matter for mediation under this Act; neutral evaluation has a meaning given by subsection (3) ; neutral evaluation session means a meeting arranged for the neutral evaluation of a matter under this Act; registrar means, in the case of the Supreme Court, the Registrar of that Court or, in the case of the Magistrates Court, a district registrar of that Court; regulations means regulations made and in force under this Act. (2)  In this Act, mediation, which includes conciliation, means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute. (3)  In this Act, neutral evaluation means a process of evaluation of a dispute in which the evaluator seeks to identify and reduce the issues of fact and law that are in dispute. (4)  The evaluator’s role includes assessing the relative strengths and weaknesses of each party’s case and offering an opinion as to the likely outcome of the proceedings, including any likely findings of liability or the award of compensation. 4Application of ActNothing in this Act is taken to prevent the parties to proceedings from agreeing to and arranging for mediation or neutral evaluation of any matter otherwise than in accordance with this Act. 5Referral by court (1) A court may, by order, refer a matter arising in proceedings before it (other than criminal proceedings) for mediation or neutral evaluation if the court considers the circumstances appropriate and whether or not the parties to the proceedings consent to the referral. (2) The mediator or evaluator may, but need not be, a person whose name is on a list compiled under this Act. (3) The parties to the proceedings may agree as to who is to be the mediator or evaluator for the matter but, in default of agreement, the mediator or evaluator is to be the registrar or his…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.