12Mediation to facilitate dispute resolution

12 Mediation to facilitate dispute resolution (1) The parties to the following disputes may engage in mediation to facilitate a resolution or other outcome of the dispute if each party to the dispute agrees to participate in the mediation: (a) determination of the senior next of kin for a deceased person; (b) determination of a decision regarding the human remains of a deceased person. (2) Any mediation must be conducted by a person agreed to by each party to the dispute. (3) At the conclusion of a mediation, the person conducting the mediation must issue to each party to the dispute a certificate: (a) stating that the mediation took place; and (b) if the parties came to an agreement during the mediation – stating the agreement; and (c) setting out the outcome of the mediation. (4) If the parties come to an agreement during mediation, that agreement is binding on the parties for the purposes of this Act. (5) A party to the dispute may request that any part, or all parts, of the agreement mentioned in subsection (4) remain confidential and if all

Burial and Cremation Act 2022 11 parties agree, the part, or parts, of the agreement must not be disclosed to any person other than for the administration of this Act or another Act.