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Practice Note No. 102

REPEALED -Mediators and Evaluators-Compiling Lists


Date:
08/31/1998






    PRACTICE NOTE No 102


    MEDIATORS AND EVALUATORS - COMPILING LISTS

    1 This Practice Note establishes procedures for compiling lists of persons considered suitable to be mediators or evaluators under s110O of the Supreme Court Act 1970. Lists will have effect from 14 November 1998 until 31 December 2003, subject to paragraph 10 below. Information collected in 1998 will remain the basis of the lists. The lists will be altered from time to time as new applications, withdrawals, removals and deaths occur.

    2 There will be one list of mediators. There will be three lists of evaluators:
    (1) Common Law - for damages disputes including personal injuries and defamation.
    (2) Commercial - for commercial disputes, including building and construction.
    (3) Property - for property, probate, estate and de facto relationships disputes.
    A person may be included in more than one list. The categories are broadly stated, and litigants will choose evaluators whom they regard as appropriate.

    3 Communications should be made to the Chief Executive Officer. I should not be approached personally.

    4 Members of the New South Wales Bar Association or of the Law Society of New South Wales should obtain the endorsement of their professional association. Alternatively, they may apply directly, and should show reasons why that endorsement is not available. Persons who are not members of those associations may apply directly. I may decide to accept endorsements from other professional associations or bodies.

    5 Persons should apply by sending information in the appropriate Form of Application to their professional associations. Those who apply directly should send the Form of Application to the Chief Executive Officer. Professional associations should provide summarised information for the persons whom they endorse.

    6 After the lists are first compiled new applications will be considered from time to time as they are made.

    7 Each person must bring to attention any circumstances relevant to my consideration, including any adverse circumstances. Professional associations must bring any adverse circumstances to attention. These obligations will continue while the lists have effect. Professional associations should also bring deaths and withdrawals to attention.

    8 Annual reviews will be conducted under s110O(6) but will not require collection of extensive information unless some particular matter requires attention. The annual review will ordinarily be based on a statement by the professional association that the mediator or evaluator continues to act as such, continues to be in good professional standing, and wishes to remain on the list. More detailed attention will be given where circumstances require it.

    9 I may obtain recommendations from a committee of Judges and officers on compiling lists, new applications, removals, complaints and any matters outside ordinary routine as they arise. The committee’s recommendations will not be conclusive.

    10 I contemplate that these procedures and the lists will continue until 31 December 2003. However the powers conferred by s110O(5) remain open for exercise. The procedures now established may be varied, and they may be incorporated in Rules of Court.


    J J SPIGELMAN

    Chief Justice

    31 August 1998



    Mediator List - Form of Application


    Name (include all given names):

    Contact details (address, DX, telephone, fax, e-mail, etc):





    Year(s) of admission:
    (include all relevant years of admission)

    Professional status and nature of practice (ie, barrister, solicitor, corporate lawyer, etc):

    Nominated areas of mediation practice:

    Details (include date) of initial mediation training:


    Details (include date) of specialist accreditation in mediation, if any:


    Number of completed mediations as at date of application:

    Type of matters mediated:


    Mediation activity and training in the last 12 months:



    I hereby consent to being included in the list of mediators compiled by the Chief Justice pursuant to Pt 7B of the Supreme Court Act and agree to comply with the provisions of Pt 7B and of any regulations or rules made for the purposes of Pt 7B.



        …………………………..
        Signature


        …………………………..
        Date


    Evaluator List - Form of Application


    Name (include all given names):

    Contact details (address, DX, telephone, fax, e-mail, etc):




    Year(s) of admission:
    (include all relevant years of admission)

    Professional status and nature of practice (ie, barrister, solicitor, corporate lawyer, etc):

    Areas of practice:


    Experience as an evaluator:



    Evaluator list(s) to which appointment is sought:

    Common Law - for damages disputes including personal injuries and defamation.

    Commercial - for commercial disputes, including building and construction.

    Property- for property, probate, estate and de facto relationships disputes.


    I hereby consent to being included in the list of evaluators compiled by the Chief Justice pursuant to Pt 7B of the Supreme Court Act and agree to comply with the provisions of Pt 7B and of any regulations or rules made for the purposes of Pt 7B.



        …………………………..
        Signature


        ……………………….
        Date





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