Mediation is a process in which a neutral third party facilitates the parties’ negotiation of the dispute, by assisting them systematically to identify what has brought them into dispute, what their interests are, and what the options for resolution are, in order to reach their own solution.
Mediation is faster and less expensive than a trial.
There is more flexibility: parties often reach solutions that would not be possible at trial.
Because the parties find their own solutions to their dispute, they are likely to be satisfied with the outcome.
Almost every civil case is mediated at some stage.
The timing of the mediation will vary from case to case: some are best mediated early, before the parties become too entrenched, while other cases need to be developed so that the parties have enough information to understand each other’s position.
The case manager decides when to order mediation, taking into account the views of the parties.
Yes. With very few exceptions, evidence cannot later be given of anything said at mediation. No record is kept on the Court file of what is said. Unless the parties agree, no record is made on the Court file of the details of any agreement.
The Court has mediation rooms at 111 St George’s Terrace, where most mediations are held. However, the Court’s Mediation Registrars will go to Court circuit towns anywhere in the State in appropriate cases. They will also conduct mediations away from the Court where, for example, the number of people involved is more than the Court’s facilities can handle.
Unless the parties agree to use an external mediator, the mediator will be a Registrar of the Court trained in mediation.
Parties can agree to use an external mediator at their own expense.
All the parties to the action, and their lawyers. In very unusual circumstances, a case manager may give permission for a party to participate by a telephone link, but generally the mediation process works because it brings parties face-to-face in a secure, controlled, constructive process.
Sometimes, with the agreement of all parties and the consent of the mediator, it is helpful to have someone present who is not a party but who can help resolve the dispute. Examples include experts such as valuers, and professional advisers such as accountants.
Whoever attends must have full authority to compromise the action. If a party’s capacity to make an agreement is limited by insurance, for example, a properly authorised representative of the insurer must attend.
At the start of the mediation, the mediator will explain what will happen. That usually starts with each side explaining how it sees the dispute. Once each side understands, not only its position, but the other side’s, options for settlement can be developed and explored, and agreement reached.
Mediation is an opportunity for you do deal with your dispute. While most people are more comfortable having their lawyer introduce their case, the mediator will talk directly to you and expect you to contribute.
Talk to your lawyer. Your lawyer can tell you about the legal aspects of your case, but there is more: think about what your interests are, and whether your interests mean you should press on or settle. Your lawyer can help you put those in perspective, and also explore possible solutions. Make sure you know how much the case has cost you so far, what it would cost to go all the way to trial, and what the possible outcomes of trial are.
Set aside the whole day. It is important to allow as much time as the process takes.
Be prepared to listen. You know what your case is: you may think you know about the other side’s point of view, but there is almost certainly more to it than you think.
Be prepared to speak. While your lawyer is there to help you, mediation is about the parties, not the lawyers: the mediator will speak to you, and expect you to talk to the other side in most cases.
Open your mind: there may be options for solution that you have not thought of.
Be prepared to make a decision. Mediation empowers the parties to reach their own agreement, but that requires that you accept the responsibility for the solution.
If the mediator is a Court Registrar, you do not have to pay for the Registrar’s time. There is a modest listing fee for the appointment for the mediation. The fee varies from time to time. It is set out in the Supreme Court (Fees) Regulations.
The Court has produced a simple 
brochure for litigants regarding the Court's mediation programme. It sets out the benefits of mediation and explains how the process works. The Court usually provides copies of the brochure to litigants when it makes a mediation order. The Court's mediation practice directions can be found at 4.2.1 in the Consolidated Practice Directions and provides more detailed information about the programme.
