A mediation is less formal than
a hearing before a Judge. This means that the parties
can make suggestions about how the mediation should work.
The mediation starts with the
mediator explaining the process to the parties. The mediator
may ask the parties and their lawyers questions. This
helps to clarify the issues and provides information which
has not already been included in the documents filed with
the Federal Court.
The applicant or their lawyer
usually speaks first.
The respondent or their lawyer
then has an opportunity to speak. As part of this process
the parties can 'put on the table' various ideas to settle
the case.
Many cases settle at the mediation.
The Registrar can arrange another mediation if necessary
(for example, if the parties run out of time).
Sometimes further information,
such as an expert report, is needed to settle the case.
The parties can agree to get this information in time
for the next mediation.
During the mediation the parties
can take a break to talk to their lawyers in private,
or they may ask the mediator to leave the room for a short
time so that they can talk between themselves in private.
One of the purposes of mediation
is to allow the parties to approach the dispute as a business
or commercial problem, rather than a legal one, so it
is better to keep the discussion of legal issues to a
minimum.
At the mediation parties
are encouraged to speak for themselves, rather than depend
upon their lawyers. This helps the parties to talk about
the issues that are important to them.
