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Costs

Court Ordered Mediation - Mediation Costs As "Costs Of The Proceedings"

"The expression "costs of the proceedings" will generally include the costs of a court ordered mediation. Where a party is subject to an order for mediation (whether by consent or not) and intends that the parties will pay their own costs o...

Mandatory mediation

Australian Competition and Consumer Commission v. Lux [2000] FCA 600

Power of the court to compel parties to mediation, even where one or more parties objects.

Barrett v. Queensland Newspapers Pty Ltd & Brennan & Raddiman [1999] QDC 150

Court's decision to order mediation despite opposition from the parties.

Mediation contract clauses

Al-Hakim v. Monash University [1999] VSC 511

Admissibility of final mediation agreements before courts.

Barry v. City West Water [2000] FCA 1214

Dispute over whether a settlement had been reached at mediation.

Mediation immunity

Arthur JS Hall and Co v. Simons and Barratt v. Ansell v. Schofield Roberts and Hill [2000] UKHL 38

Removal of common law immunitites for barristers in judicial and quasi-judicial proceedings.