Court annexed adr under the civil procedure act

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Court-annexed ADR under the Civil Procedure Act Although an order made under s. 66(1) does not require the consent of the parties, consent must be provided if the ADR in question directly or indirectly results in a binding outcome: s. 66(2). Examples of ADR mechanisms that would produce such a result are: arbitration reference to a special referee expert determination…
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Court-annexed ADR under the Civil Procedure Act I.e., ADR may only be compulsorily ordered without the parties’ consent where it is non-determinative. Why? Compulsory referral to determinative ADR processes would interfere with s. 24 of the Charter of Human Rights and Responsibilities (the right to have a proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing).
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Lawyers and ADR “Competent legal practice requires the ability to advise clients about a range of appropriate dispute resolution processes. Rather than marching down the well-worn path of escalating threats to litigate and inflated claims about possible trial outcomes, it is important for lawyers now to match disputes with appropriate dispute resolution methods. Indeed it may be a breach of professional or ethical obligations, perhaps even negligent, for a legal practitioner to fail to fully consider a range of dispute resolution processes with the client.” Laws of Australia, Dispute Resolution
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