Insights
Mediation.
In mediation a neutral person, the mediator, helps the parties to reach their own agreement. The mediator does not decide the dispute.
How it works
- The parties agree on a mediator and on the terms of the mediation.
- The mediator meets the parties together and, where useful, separately.
- Discussions are confidential and without prejudice to the parties’ rights if the mediation fails.
- If the parties agree, the terms are recorded in a written, signed settlement agreement.
When it suits
Mediation suits disputes where the parties want to keep working together, where the issues are mixed legal and practical ones, or where cost and time matter. It can be used at any stage, including after court proceedings have started.
Mediation and the High Court
Rule 41A of the Uniform Rules of Court, in force since March 2020, requires each party to a High Court action or application to deliver a notice stating whether it agrees to, or opposes, referring the dispute to mediation, with reasons. The Rules Board published proposed amendments to the rule on 16 April 2024. We check the current text of the rule for each matter.
Limits
A mediated outcome binds the parties only if they sign a settlement. Where no agreement is reached, the dispute goes to the next process.
Sources
- Uniform Rules of Court, Rule 41A.
- Rules Board for Courts of Law, notice inviting comment on proposed mediation rules, 16 April 2024.