sec.73Other rules about conduct of mediation

### sec.73 Other rules about conduct of mediation If the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at mediation, the mediator must discuss the following with the parties— the terms of the settlement; if the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section; if the mediator is not a member, an adjudicator or the principal registrar— whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; Under section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement. anything else the mediator considers may help the parties to give effect to the settlement. Subrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule. If a mediator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by mediation, the mediator must— in the way stated in the practice direction, help the parties to identify— the issues that are in dispute in the proceeding or part; and the issues that are no longer in dispute in the proceeding or part; and discuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) . (sec.73-ssec.1) If the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at mediation, the mediator must discuss the following with the parties— the terms of the settlement; if the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section; if the mediator is not a member, an adjudicator or the principal registrar— whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; Under section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement. anything else the mediator considers may help the parties to give effect to the settlement. (sec.73-ssec.2) Subrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule. (sec.73-ssec.3) If a mediator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by mediation, the mediator must— in the way stated in the practice direction, help the parties to identify— the issues that are in dispute in the proceeding or part; and the issues that are no longer in dispute in the proceeding or part; and discuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) . - (a) the terms of the settlement; - (b) if the mediator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the mediator is to make to give effect to the settlement under that section; - (c) if the mediator is not a member, an adjudicator or the principal registrar— (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; Note— Under section 85 (5) of the Act , if signed written terms of the settlement are filed, the tribunal may make the orders necessary to give effect to the settlement. - (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and - (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and - (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; - (d) anything else the mediator considers may help the parties to give effect to the settlement. - (i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and - (ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and - (iii) the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ; - (a) in the way stated in the practice direction, help the parties to identify— (i) the issues that are in dispute in the proceeding or part; and (ii) the issues that are no longer in dispute in the proceeding or part; and - (i) the issues that are in dispute in the proceeding or part; and - (ii) the issues that are no longer in dispute in the proceeding or part; and - (b) discuss with the parties the things said or done in the mediation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) . - (i) the issues that are in dispute in the proceeding or part; and - (ii) the issues that are no longer in dispute in the proceeding or part; and