37Nature of mediation

#### 37 Nature of mediation 37 Nature of mediation > > (1) Mediation for the purposes of this Part is a structured negotiation process in which the mediator, as a neutral and independent party— > > > > > (a) assists the parties to a claim to achieve their own resolution of the claim, and > > > > > (b) assists the parties to narrow the issues in dispute, and > > > > > (c) makes recommendations to the parties concerning the acceptance of offers and the likely outcome of proceedings. > > > (2) It is the duty of each party to a claim that is referred for mediation to participate in the mediation in good faith. > > > (3) A mediator may issue a certificate to the effect that in the mediator’s opinion a party to a claim referred for mediation did not participate in good faith in the mediation. > > Note. > > A defendant may impose a monetary limit on the authority of a single claims manager to settle a claim on behalf of the defendant but must act reasonably in imposing that limit. The imposition of a monetary limit is an aspect of participation by a defendant in mediation and can be the subject of a certificate of the mediator under this clause. See clause 64.