Resolving disputes

Which method of dispute resolution?    

When deciding which method of dispute resolution is appropriate to the matter, the Court may take into account:

• the type of case (and whether any dispute resolution methods are compulsory for that type of case)

• the preference of the parties, the nature of the parties and whether or not the people involved have representation

• the potential cost of the case

• the time it might take to reach finalisation.

The Court may also consider:

• the complexity of the matter

• which method of resolution constitutes an appropriate and efficient use of the Court's time

• the public interest in the outcome of the matter.

The Court offers the following dispute resolution methods.

Adjudication

Adjudication involves the hearing and determination of proceedings by a judge or commissioner of the Court. The hearing may be a court hearing or, for certain types of matters in Classes 1 and 2 of the Court’s jurisdiction, an on-site hearing. 

Conciliation

Conciliation in the Court is undertaken by a commissioner or registrar of the Court, pursuant to s 34 or s 34AA of the Land and Environment Court Act 1979.  These sections provide for a combined or hybrid process involving, first, conciliation and then, if the parties do not agree to resolve the dispute at the conciliation, adjudication. The procedures for conducting a conciliation conference are set out in the Conciliation Conference Policy. (PDF, 136.1 KB)

Mediation

Mediation in the Court is undertaken under s 26 of the Civil Procedure Act 2005 by a commissioner or registrar of the Court who is a trained mediator or by a mediator external to the Court.

Neutral evaluation

Neutral evaluation in the Court is undertaken, pursuant to Pt 6 r 6.2 of the Land and Environment Court Rules 2007 by a commissioner of the Court or by a person external to the Court.

Reference to referee

The Court may refer proceedings, or any question arising in the proceedings, to a person for inquiry and report to the Court, under Pt 20 r 20.14 of the Uniform Civil Procedure Rules 2005 or s 35(1) of the Land and Environment Court Act 1979.

Quick links

Snapshot diagram of how dispute resolution methods can fit into the court process