18EConduct of mediation sessions

18E Conduct of mediation sessions

18E Conduct of mediation sessions

(1) The procedure for commencing and conducting a mediation session is to be as determined by the Authority.

(1A) Without limiting subsection (1), a mediator may:

(a) call a pre-mediation conference, and

(b) adjourn a mediation session if it appears that a party would be significantly disadvantaged because of the length of the session, and

(c) adjourn or terminate a mediation session if it appears that continuing the session would not be appropriate.

(1B) In determining whether it would be appropriate to continue a mediation session, the mediator is to consider the following matters:

(a) the duration of the mediation session,

(b) whether the parties are able and willing to participate in the mediation session,

(c) whether the parties are engaging in the mediation in good faith,

(d) any risk to the health or safety of the parties resulting from the conduct of the mediation session,

(e) any other matters that, in the opinion of the mediator, are relevant in the circumstances.

(1C) Mediation sessions are to be held at a place and time, and in a manner, that is reasonably convenient for the parties.

(2) Mediation sessions are to be conducted with as little formality and technicality, and with as much expedition, as possible.

(3) The rules of evidence do not apply to mediation sessions.

(4) A mediation session is not open to the public.

(5) Persons who are not parties to a mediation session:

(a) may be present at or participate in the session in an advisory or representative capacity if authorised to do so under section 18H, or

(b) may otherwise be present at or participate in the session with the permission of the mediator.

s 18E (previously s 14): Am 1996 No 106, Sch 1 [8]; 2002 No 82, Sch 1 [29]; 2018 No 16, Sch 1 [20]–[22]. Renumbered 2018 No 16, Sch 1 [30].