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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 5129 ..

MR HUMPHRIES (continuing):

Mediation is of course already widely practised in the ACT. The settlement of disputes through mediation is the primary focus of the Resolution Centre. The ACT Law Society maintains a list of members who are accredited to act as mediators. Lawyers Engaged in Alternative Dispute Resolution (LEADR) is another important organisation operating in the field of dispute resolution in the Territory. There are other organisations, as well as private individuals, operating in this area.

At the present time in the ACT there is a limited number of Acts which provide for one or more forms of alternative dispute resolution (ie by arbitration, conciliation or mediation) in specific circumstances. Only some of those Acts have a consequent provision for confidentiality or immunity from civil suit. There is thus no general legislative protection for mediators who provide services in the Territory. Hence, there is a need for legislation such as is proposed in this exposure draft Bill.

The exposure draft Bill contains two important provisions. In the first place it provides for the confidentiality of anything said or done during a mediation session. Such a provision is of the utmost importance as it encourages the use of mediation as a means of dispute resolution. It reassures the parties to a dispute of the neutrality of the mediator who is assisting in the resolution of the dispute, and fosters an atmosphere of trust in which all parties are willing to explore issues openly and honestly. The right to confidentiality is not, however, absolute.

There are certain exceptions, the most notable being where there are reasonable grounds for believing that disclosure is necessary in order to prevent or minimise the danger of injury to a person or damage to property.

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