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Tribunal Service
Mediation
Facilitated settlement, without determination
A confidential, interest-based process in which a trained mediator helps parties negotiate their own settlement. Nothing said in mediation is used against a party elsewhere.
Who This Is For
- ✓Disputes where a continuing commercial relationship matters
- ✓Family, property and partition matters
- ✓Employment and workplace disagreements
- ✓Pre-litigation and court-referred settlement attempts
The Process
1
Reference
Either party, or both jointly, refer the dispute. Consent of the other side is obtained before the process opens.
2
Appointment of the mediator
An empanelled mediator is appointed and the schedule is fixed with the parties.
3
Joint and private sessions
The mediator conducts joint sessions and confidential caucuses to identify interests and options.
4
Settlement agreement
Terms agreed are reduced to writing, signed by the parties and placed on the case record.
Outcome
A signed settlement agreement enforceable in law, or a closure report where settlement is not reached.