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 \[30\].