This Act seeks to improve case management in the Courts exercising criminal and civil jurisdiction by applying alternative dispute resolution in accordance with this Act. Prior to the trial of any criminal or civil proceeding either party may make application to the court having control of the proceeding for any order necessary to protect the interests of either party or to ensure that a fair trial of all the issues is facilitated. The court may refer parties to a dispute to attend mediation prior to or during the hearing of any civil matter in dispute. The Act sets out the procedure of such mediation. Regulations made under this Act may prescribe procedures and powers for courts to conduct pre-trial conferences in criminal and civil proceedings. These Regulations notwithstanding, a court may adopt and apply procedures for pre-trial conferences as it sees fit. The Act also concerns referral to arbitration under the Arbitration Act 1976 and reconciliation procedures.
Samoa · 2007-12-21