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Legislative Assembly for the ACT: 1996 Week 14 Hansard (12 December) . . Page.. 5130 ..

MR HUMPHRIES (continuing):

The second notable provision relates to the protection of mediators. It is important that a mediator be in a position to carry out his or her role without fear or favour. The exposure draft Bill therefore provides that no matter, or thing done, or omitted to be done by a mediator shall, if done or omitted to be done in good faith, subject the mediator to any action, claim or demand. In other words, the mediator shall have the same immunity as a judge of the ACT Supreme Court.

The tabling of this exposure draft Bill is part of an overall package dealing with mediation services in the Territory. Some members of this Assembly attended the official launch of the ACT Competency Standards for Mediators at the Resolution Centre on 13 September 1996. On that occasion I referred to the very favourable acceptance the Standards had received in NSW and the use being made of them by Community Justice Centres which have been providing mediation services in that State for a number of years.

Because mediation is an additional, as much as an alternative, form of dispute resolution to litigation, it is important that the courts play an increasing role in promoting the use of mediation. To focus attention on this role I have recently written to the courts and other relevant bodies suggesting the establishment of a steering committee which will consider in-depth the various issues underlying court-connected mediation.

Mr Speaker, I table this exposure draft Bill for Members' consideration and invite their comments in due course.

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