A confidential process where parties try to resolve a dispute with the help of a trained, impartial person. Mediation provides an alternative to a Court imposed decision at hearing or arbitration.
Mediation at the Melbourne Magistrates’ Court
When a notice of defence is filed, the dispute may be referred to mediation. Parties are notified in writing that mediation is proposed, and, if there are no issues raised, a mediation order will be made. Within 14 days after the mediation order, the parties must nominate a mediator and inform the court. The parties should agree:
- on the mediator
- when mediation will take place
- on sharing payment of any mediation fees – if applicable.
The mediator must be an acceptable mediator, e.g. a registrar of the court, a nationally accredited mediator, or a mediator from the DSCV. Fees may apply.
The Magistrates’ Court has published a list of approved, nationally accredited mediators. The list is called the List of External Mediators - LEM.
Some biographies and contact details of LEM mediators from the Law Institute of Victoria can be found from the link below:
Where the parties cannot agree on a mediator, the Magistrates’ Court will select a mediator from the LEM and appoint the day of mediation. Fees will apply.