Appropriate dispute resolution - Mini-quiz

1:When can you order parties attend ADR?
A)

At any time before the first substantive hearing in a proceeding

Incorrect

 

B)

At any time in a proceeding

Incorrect

 

C)

At any time in a proceeding, as long as the process is non-determinative

Correct

 

D)

At any time in a proceeding, as long as the ADR is not an arbitration

Incorrect

 

2:Is evidence of things said or done at a judicial resolution conference admissible?
A)

Never, as confidentiality must be provided to encourage disclosure and cooperation

Incorrect

 

B)

No, unless it is in the interests of fairness and justice for the evidence to be admitted

Correct

 

C)

No, although a court may admit evidence where it thinks fit

Incorrect

 

D)

Yes, as no rule exists to preclude the admission of evidence of things said or done at a judicial resolution conference

Incorrect

 

3:Which of the following statements is not correct?
A)

A judicial officer performing duties in connection with a judicial resolution conference has the same protection and immunity as a judge of the Supreme Court in their performance as a Judge

Incorrect

 

B)

A judicial officer is not compellable to give evidence of anything said or done arising from the conduct of a judicial resolution conference, unless a court gives leave

Incorrect

 

C)

A court that gives leave for a judicial officer to be compelled to give evidence of things said or done arising out of the conduct of a judicial resolution conference, must give leave having regard to the factors in s192 of the Evidence Act 2008

Incorrect

 

D)

A special referee, mediator or arbitrator to whom a proceeding is referred under s66, has, in connection with the reference, the same protection and immunity as a Judge of the Supreme Court has in their performance as a Judge

Correct

  

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