George Andrew Harrison v Delcie Joan Schipp

In *George Andrew Harrison v Delcie Joan Schipp*, the Supreme Court of New South Wales considered an appeal concerning the referral of a dispute to mediation. The appellant, Mr Harrison, sought to appeal the primary judge's decision to order mediation despite his opposition. The core of the dispute revolved around the interpretation and application of section 110K of the *Supreme Court Act 1970* (NSW), which empowers the Court to refer proceedings to mediation.

The primary legal issue before the Court was whether the primary judge had erred in ordering mediation against the wishes of one party, Mr Harrison. This required the Court to determine the relevant factors to be considered when exercising the discretion to order mediation under section 110K, particularly in circumstances where a party asserts an inability to recover costs associated with the mediation process.

Mason P, in dismissing the appeal, affirmed that section 110K grants the Court a broad discretion to refer proceedings to mediation. His Honour noted that while a party's opposition to mediation is a relevant factor, it is not determinative. The Court must weigh various considerations, including the potential benefits of mediation in resolving disputes efficiently and cost-effectively, against any asserted prejudice to a party. The assertion of inability to recover costs was considered, but ultimately did not outweigh the Court's power to direct mediation. The appeal was dismissed with costs.