Mediation Act 2017


Court inviting parties to consider mediation

16. (1) A court may, on the application of a party involved in proceedings, or of its own motion where it considers it appropriate having regard to all the circumstances of the case:

(a) invite the parties to the proceedings to consider mediation as a means of attempting to resolve the dispute the subject of the proceedings;

(b) provide the parties to the proceedings with information about the benefits of mediation to settle the dispute the subject of the proceedings.

(2) Where, following an invitation by the court under subsection (1), the parties decide to engage in mediation, the court may—

(a) adjourn the proceedings,

(b) make an order extending the time for compliance by a party with rules of court or with any order of the court in the proceedings, or

(c) make such other order or give such direction as the court considers necessary to facilitate the effective use of mediation.

(3) This Act shall apply to any mediation arising from an invitation under subsection (1).

(4) An application by a party under subsection (1) shall be made by motion to the court on notice to all other parties to the proceedings not later than 14 days before the date on which the proceedings are first listed for hearing and shall, unless the court otherwise orders, be grounded upon an affidavit sworn by or on behalf of the party.

(5) The power conferred by subsection (1) is without prejudice to any other discretionary power which the court may exercise at any time during the course of proceedings with a view to facilitating the resolution of a dispute.