Section 145 — Trusts Act 2019: Power of court to order ADR process for internal matter

145 Power of court to order ADR process for internal matter (1) The court may, at the request of a trustee or a beneficiary or on its own motion,— (a) enforce any provision in the terms of a trust that requires a matter to be subject to an ADR process; or (b) otherwise submit any matter to an ADR process (except if the terms of the trust indicate a contrary intention). (2) In exercising the power, the court may make any of the following orders: (a) an order requiring each party to the matter, or specified parties, to participate in the ADR process in person or by a representative: (b) an order that the costs of the ADR process, or a specified portion of those costs, be paid out of the trust property: (c) an order appointing a particular person to act as a mediator, an arbitrator, or any other facilitator of the ADR process. (3) This section applies in relation to internal matters only.