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Section 29: Alternative Dispute Resolution
Proposal 68
A scheme should be introduced for the court to provide litigants with information about and
facilities for mediation on a purely voluntary basis, enlisting the support of professional
associations and other institutions.
Proposal
68 (for the court to provide litigants with better information and support with a
view to encouraging greater use of purely voluntary mediation) should be adopted in
conjunction with other appropriate measures to promote court-related mediation.
Proposal 63
Rules making mediation mandatory in defined classes of case, unless exempted by court
order, should be adopted.
Proposal 63 (for introducing mandatory mediation by statutory rule) should not be adopted,
without prejudice to any initiatives within the construction industry for the adoption of
statutory adjudication.
Proposal 65
A statutory scheme should be promoted to enable one party to litigation to compel all the
other parties to resort to mediation or some other form of ADR, staying the proceedings in
the meantime.
Proposal
65 (for introducing mandatory mediation by election of any party to a dispute)
should not be adopted.
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