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PART 2
Mediation in General
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Mediation
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6. (1) The parties to a dispute may engage in mediation as a means of attempting to resolve the dispute.
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(2) Participation in mediation shall be voluntary at all times.
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(3) The fact that proceedings have been issued in relation to the dispute shall not prevent the parties engaging in mediation at any time prior to the resolution of the dispute.
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(4) A party may—
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(a) withdraw from the mediation at any time during the mediation,
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(b) be accompanied to the mediation, and assisted by, a person (including a legal advisor) who is not a party, or
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(c) obtain independent legal advice at any time during the mediation.
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(5) Subject to subsection (4)(a), the mediator and the parties shall, having regard to the nature of the dispute, make every reasonable effort to conclude the mediation in an expeditious manner which is likely to minimise costs.
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(6) Subject to subsections (7) and (8) and subject to the confidentiality of the mediation, the mediator may withdraw from the mediation at any time during the mediation by notice in writing given to the parties stating the mediator’s general reasons for the withdrawal.
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(7) A withdrawal under subsection (6) by the mediator from the mediation shall not of itself prevent the mediator from again becoming the mediator in that mediation.
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(8) Where the mediator withdraws from the mediation under subsection (6), the mediator shall return the fees and costs paid in respect of that portion of time during which the mediator was paid to act as the mediator and for which he or she will no longer act as the mediator.
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(9) It is for the parties to determine the outcome of the mediation.
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(10) The fees and costs of the mediation shall not be contingent on its outcome.
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