Mediation is a way of settling
cases without having a hearing in court. It is supervised
by the Federal Court. It is cheaper and less formal than
having a case heard by a Judge.
Mediation is also called
alternative dispute resolution (ADR).
If the case does not settle
at the mediation it can be heard by a Judge later. The
parties will then have a better idea of the issues and
facts of the case.
Mediation can also help to reduce
the stress of going to court.
The first step in starting
a case in the Federal Court is filing an application form.
This means a person sends or delivers his or her application
form to the Court by bringing it to the Court, or by posting
or faxing it or by sending it by the Internet.
Once an application form has been
filed, a Judge may order that the people involved in the
case meet in a mediation. Usually, but not always, everyone
agrees to this. The people involved in the case are called
the parties.
At the mediation there is a neutral
person, called the mediator, who helps the parties settle
their differences through negotiation. The mediation is
confidential and all discussions are 'without prejudice'.
This means that anything said during the mediation cannot
be used against a party if the case is heard by a Judge
at a later time.
