by Paul Lines

Created on: August 01, 2011   Last Updated: August 02, 2011

Mediation has long been considered the first option in reaching a mutually agreeable settlement for certain civil cases where there is a dispute between two opposing parties. In many cases, such mediation will be suggested by the legal representatives of one party to the other. However, the judiciary (the courts) also have the power to sponsor mediation. Naturally, in such cases, there are a set of rules laid down by the court which the parties have to conform two and it is the understanding of these rules that form the focus of this article.

1) Definition and effect

The first two sections of the rules deal with definition and effect. In the first of these, it will be apparent that mediation is a process where the two parties agree to seek agreement through using the services of a third party, who should be independent and neutral person, known as the mediator. In terms of effect of the rules, it is important to note the two conditions. Firstly, court sponsored mediation does not have a limiting effect on any other action or order given by the courts. Secondly, neither party is allowed to present evidence to the mediator that would be inadmissible in any other legal setting.

2) Action eligible for court sponsored mediation

It is important to recognise that court sponsored mediation will be not considered until one of the parties in the civil case submits a ‘written stipulation’ to mediate on issues between the two parties. The first step in the court sponsored mediation process. Even then, it cannot commence until the court has provided an order transferring the case to mediation.

Mediation of this type cannot be applied to family law cases nor can those cases that are already the subject of mandatory arbitration.

3) Scheduling of mediation

In terms of scheduling, there are strict time tables set for the performance of the mediation process. These include the fact that the first meeting has to be held within six weeks of the initial court order. Furthermore, it is a requirement for both parties to provide the mediator with a brief summary of the case, the issues arising, any offers being sought or demands made as well as full details of the parties involved in the case, including their legal representatives if applicable.

4) Mediator qualification

This section of the rules deals with the requirements for the role of mediator. It does not have a direct impact upon the performance of the two parties apart from the fact that this person is appointed

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