Ralph Simmonds



An earlier version of this article was prepared for delivery at the 2004 Annual General Meeting of the Western Australian Dispute Resolution Association Incorporated, at Murdoch University, on 6 October 2004, and has benefited from comments made in the discussion and other exchanges that ensued. This article concerns one of the central elements of modern civil procedure, at least in this country. Whether to play a part in the process of modern case management (to ensure that only the real issues take up trial time) or as a way of facilitating resolution of the parties’ dispute (to avoid the need for a trial, or to put an end to one), court-annexed prejudgment mediation is a fixture of courts such as the Supreme Court of Western Australia.