The Mediation Act 2017

What you need to know.
The Mediation Act 2017 was signed into law on the 2nd October 2017.

The purpose of the Act  is to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as an alternative to the institution of civil proceedings or to the continuation of civil proceedings

The Act reinforces and codifies the practice of mediation where a neutral third-party (Mediator) assists the parties to resolve their dispute in a process that is:

• Voluntary
• Without prejudice to any other proceedings.
• Confidential
• A process designed by the parties.
• Non-binding until a resolution agreement is signed by the parties.

The Act has immediate implications for Legal Practitioners;

• There is a duty to inform and advise your client of the Mediation option prior to issue of proceedings. 
• The originating document in proceedings must be accompanied by a statutory declaration that you have fulfilled you obligations in respect of informing your client of the option for Mediation.
• The Court may invite parties to consider Mediation at its own motion or on foot of a request by a party. In determining costs the Court may take into account a parties unreasonable refusal or failure to engage in mediation.  
• The Court may adjourn proceedings to facilitate Mediation.
• Where, before delivery of pleadings parties have agreed to mediate and one party applies for an adjournment the Court shall make an order adjourning proceedings provided there is no reason why Mediation should not be attempted and the applicant party is ready, willing to enter Mediation.
• A Mediation may take place in tandem to legal proceedings.   
• The costs of Mediation are to be shared equally between the parties unless otherwise agreed. 
• Mediators must inform parties of their right to seek independent legal advice.
• The scope of Mediation (subject to condition) includes Family Law matters, Guardianship of Infants, Judicial Separation and Divorce.

The Mediation Act 2017 is to be welcomed as a means of codifying and facilitating Mediation which is a speedy, low-cost and humane way for dispute resolution.
LInk to Mediation Act 2017
John Deaton
​Deaton Dispute Resolution