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Calls to resolve legal disputes away from court

NSW Attorney-General Gabrielle Upton has urged the legal community to resolve disputes away from court to combat inconvenience and cost pressures.

user iconEmma Musgrave 11 January 2017 NewLaw
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In light of courts across the board facing supply and demand issues, Ms Upton encouraged the profession to make it easier for clients to resolve legal disputes without having to go to court.

 
 

She said mediation and alternative dispute resolution methods may lend themselves to resolving many disputes. 

“Mediation and other forms of alternative dispute resolution (ADR) can be a quick, cheap and confidential way to resolve disputes without the cost and inconvenience of attending court,” Ms Upton said.

The Law Reform Commission has done a great job in developing a standard model of mediation. Now it is up to the community to have their say about how things can be streamlined to help fix a disagreement over money, a problem with a landlord or an unpaid invoice.

“With more people using ADR, it is important to make sure people are aware of the legal protection they need, and their legal rights, when they attend mediation.”

Ms Upton's comments came after the release of a consultation paper by the Law Reform Commission, which proposes to standardise ADR to clarify when things said or done in mediation are confidential and when they are admissible as evidence in court, and when a mediator is immune from legal action being taken against them as a result of something done during mediation.

The consultation paper also seeks to clarify at what point a mediation is finished, and how to enforce a settlement reached by mediation.

Emma Musgrave

Emma Musgrave

Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.

Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences. 

Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.

She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University. 

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