The mediator is not a decision-maker.
The mediator does not express a view on the strengths
and weaknesses of each party's argument.
The mediator's role is to encourage
open discussion about the matters in dispute.
During the mediation the parties
are the negotiators and the mediator may help by suggesting
possible solutions.
The mediator does not discuss the
mediation with a Judge or anyone else.
The mediator will not disclose
information to any party unless the relevant party agrees
to the information being disclosed.
At the end of the mediation all
of the Registrar's notes are destroyed and the only record
which is kept on the Federal Court's file is a note that
the mediation took place.
If only part of a case is
settled at the mediation, the Federal Court's Rules allow
the mediator to report to the Court on the agreement reached
between the parties.
