28Conduct of mediations

28 Conduct of mediations

(1)  Subject to this section, the Commissioner is to determine the procedure for commencing and conducting a mediation session.

(2)  A mediation session is to be conducted with as little formality and technicality, and with as much expedition, as possible.

(3)  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 mediation; and

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

(4)  In determining whether it would be appropriate to continue to conduct a mediation session under subsection (3)(c) , a 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;

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

(d) any risk to the health or safety of the parties that may result if the mediation is continued;

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

(5)  Subject to subsection (6) , a mediation session is to be conducted at a place and time, and in a manner, that is reasonably convenient for the parties.

(6)  For the avoidance of doubt, a reference under this section –

(a) to a place at which a mediation session is to be conducted includes a mediation conducted electronically; and

(b) to a party participating or being present in a mediation session includes the party participating or being present in a mediation electronically; and

(c) to conducting a mediation session includes conducting a mediation electronically.