Need to set a precedent significant power imbalance

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Need to set a precedent. Significant power imbalance between parties. One party has no incentive to settle.
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Mediation Outcome Settlement incorporated into an agreement. Such an agreement amounts to a contract. What can parties do to enforce the settlement agreement if other party does not comply? Contrast with effect of a court judgment or arbitration award.
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Court-annexed ADR Supreme Court: Court may refer matter to mediation with/without consent: r50.07 SCR Mediation by Associate Judge possible: r50.07.01 SCR Referral to Arbitration under Commercial Arbitration Act with parties’ consent: r50.08 SCR County Court: s47A County Court Act & rr50.07 & 50.08 CCR Magistrates’ Court: mediation with/ without parties’ consent: s108 MCA 1989; rr50.04 of Magistrates’ Court General Civil Procedure Rules 2010 arbitration with parties’ consent: ss102-106A matter < $10,000 MUST go to arbitration: s102
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Rule 50.07(1) At any stage of a proceeding the Court may, with or without the consent of any party, order that the proceeding or any part of the proceeding be referred to a mediator .
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MEDIA RELEASE Friday, 3 March 2009 Gunns Ltd pushes for trial in Gunns20 case In a Directions Hearing this morning in the Victorian Supreme Court, Gunns Ltd asked for the case to be set down for trial. His Honour Justice Kaye rejected this and ordered the parties to continue with mediation. Also this morning Gunns discontinued its case against Ben Morrow (defendant #13) as it relates to the Styx part of the claim. This concerned alleged protests in the Styx valley in 2003. Mr Morrow is now out of the case entirely. Mr Morrow has not given any undertakings in relation to engaging in protest or entering Gunns’ land. Gunns have been ordered to pay Mr Morrow’s legal costs of the Styx claim estimated to be in the tens of thousands of dollars. Gunns have also discontinued their case against Louise Morris in relation to the Styx claim. Gunns were ordered to pay Ms Morris legal costs in relation to this. Louise Morris (defendant#8) was in court today. “I am fully prepared to go to trial in this case. If the powers that be within Gunns Ltd want to continue wasting shareholders money and damaging the company’s reputation through the pursuit of environmentalists such as me then bring it on. It is unfortunate that in the process they are also wasting Victorian taxpayer’s money by bringing this case in the Victorian Supreme Court,” said Ms Morris. Adam Burling (Defendant#6) upon hearing of the outcome said: "Gunns have had the opportunity to finish this shambles of a case and yet they have decided to continue with their bloody minded persecution of community members." "This morning Gunns have shown that they are willing to do whatever it takes, including continuing to spend millions of dollars, to hound anyone who dares oppose their destructive logging activities," said Adam Burling.
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