Introduction| What is mediation? | Who will mediate? | A summary of the advantages of mediation | Will it cost me anything? | When is mediation used? | The benefits of mediation | Where are mediations held? | What happens after mediation? | What happens should a party or parties not attend? | Any further questions?
In the Civil Division of the Magistrates Court there is an option of mediation for resolving minor civil and general claims.
This information has been prepared to help you understand mediation, the advantages it has to offer and where it fits into the court trial process in the Magistrates Court.
Mediation is an alternative way of resolving disputes or claims. It provides parties with an opportunity to negotiate a mutually agreeable resolution to a dispute rather than having to resort to court adjudication. The mediation is conducted by a neutral third party called a ‘mediator’ who seeks to identify the parties’ interests (rather than their legal rights) and to bring them to a consent settlement that will accommodate those interests. The mediator is neutral and does not decide which party is right or wrong or tell you what to do.
Mediation will be conducted by senior court staff who have received formal mediation training and are accredited mediators.
Magistrates are also available during the mediation process to assist with direction on matters and questions involving law. Should you not wish to use the mediator provided by the Magistrates Court you can ask the Law Society to recommend a mediator.
A summary of the advantages of mediation
Lower Costs and More Flexible Results
In most cases, a successful resolution through mediation means all parties save costs. You also have the opportunity to reach more flexible solutions to suit your needs.
Speedier
Resolution of a Dispute
Mediation is usually quick - helping you to get an early resolution before things get out of hand.
Greater Control over Outcome
Mediation gives you more control over the process and the
outcome. This means that the agreement is more likely to be honoured.
Privacy and Confidentiality
The mediation is confidential and any agreement can also be kept confidential by agreement.
Mediation in the Magistrates Court is provided without charge. This is one of the important advantages of mediation over more traditional means of dispute resolution such as a trial.
Your case can be referred for mediation if you ask for it at the first hearing of your claim, called a Directions Hearing. This hearing is set down once a defence has been filed in your matter.
It should also be noted that whilst mediation may not be the preferred option at the directions hearing, it can still be an option at a later stage. Should either party wish to have their matter mediated at a later stage, you should contact the court where advice can be provided as to the procedure for applying to have matter listed for mediation.
Lower Costs and Flexible Results
In most cases, an early resolution through mediation means that all parties save costs. Mediation also allows you to reach more flexible solutions in a non-threatening environment. It is free of legalistic language and can provide solutions that better suit each parties’ needs. An example of this could be that if your matter involved faulty work and a claim for monies to have the work corrected, possible outcomes may be:
an agreed adjournment to enable work to be carried out by either or both parties to assist with the resolution of the matter. In the event that the work is performed to the satisfaction of parties, the parties may not have to attend at the next hearing with the matter then considered to be settled;
binding agreements endorsed by a court that are enforceable in a court should either or both parties not comply with the agreement;
agreement between parties for the payment of an amount of money by one of the parties in full and final satisfaction of the matter, with the payment of the sum of money being within a time frame agreed between the parties.
Mediation allows for parties to reach agreed settlements with solutions of a wide and varied nature depending on the proceedings.
Speedier Resolution of Claims
Mediation is usually quick - helping you to get an early resolution before things get out of hand. At the very least, mediation should assist in defining the issues that need to be resolved should the matter proceed to the next step and eventually trial.
Greater Control of Outcome
You have more control over the process and outcome. This means that the agreement is more likely to be honoured.
Privacy and Confidentiality
The mediation is confidential and any agreement can also be kept confidential by agreement.
Mediations will be held in venues separate from the court. The rooms used are in a comfortable non-threatening environment where the opportunity is provided to have a relaxed and informal discussion involving parties, legal representatives (if and where necessary) and the mediator. In the event that you wish to have a private discussion with the mediator or your legal representative, separate rooms are provided adjacent to the mediation room for private discussion during the mediation process.
Should mediation be successful, the result can be recorded in a number of ways:
a judgment for a sum of money agreed upon by the parties;
an agreement can be recorded;
case adjourned while the parties carry out what they have agreed to do;
case can be dismissed;
a combination of the above alternatives.
What happens should a party or parties not attend mediation?
Should a party not attend mediation, the matter will be referred to a Stipendiary Magistrate for a default judgment to be entered.
Should both parties not attend, the matter will be referred to a Stipendiary Magistrate for direction. The Magistrate may decide to dismiss the matter.
E-mail
mediation@courts.sa.gov.au
Telephone
Adelaide Magistrates Court (Civil)
Telephone: 61 8 8204 2444
Mail
The
Manager of Mediation
Adelaide Magistrates Court (Civil)
Level 1
Adelaide Magistrates Court
Building
260-280 Victoria Square
ADELAIDE South Australia 5000
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