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.