Multi-Unit Developments Act 2011
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Mediation conferences. |
27.— (1) (a) Upon its own motion or upon the request of any party to an application under section 24 , the court may at any stage during the course of the proceedings (including immediately after the issue of the proceedings), if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement of the matter, direct that the parties to the application meet to discuss and attempt to settle the matter. | |
(b) A meeting held pursuant to a direction under this subsection is in this Act referred to as a “mediation conference”. | ||
(2) Where the court gives a direction under subsection (1), each party to the application concerned shall comply with that direction. | ||
(3) A mediation conference shall take place— | ||
(a) at a time and place agreed by the parties to the application concerned, or | ||
(b) where the parties do not agree a time and place, at a time and place specified by the court. | ||
(4) There shall be a chairperson of a mediation conference who shall— | ||
(a) be a person appointed by agreement of all the parties to the application concerned, or | ||
(b) where no such agreement is reached— | ||
(i) be a person appointed by the court, and | ||
(ii) (I) be a practising barrister or practising solicitor of not less than 5 years standing, or | ||
(II) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister. | ||
(5) Subject to section 28 , the notes of the chairperson of a mediation conference and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal. | ||
(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by such party to the application concerned as the court hearing the action shall direct. |