Mediation is an optional step after a final notice has been served by the party claiming the money, and where the other party has not paid. This is known as a ‘Pre-Action Meeting’. The aim is to try to resolve the dispute without going to court. Participating in a pre-action meeting won’t always resolve the matter but it is worth trying, as it will save you time and money if you don’t have to go to court.
Either party is able to organise mediation. If you decide you want to try mediation, you will need to speak with the court’s Mediation Unit. You can contact them through the CourtSA Registry on (08) 8204 2444 or via email firstname.lastname@example.org or you can send a letter to:
The Manager of Mediation
Adelaide Magistrates Court (Civil)
Level 1 / Adelaide Magistrates Court Building
260-280 Victoria Square
The Mediation Unit will contact the other party for you to see if they would like to participate. If both parties have spoken previously and agreed to mediation, you may let them know that both of you agree to participate. The mediation itself will usually be held about two weeks after all parties have agreed to it and informed the Mediation Unit.
You can’t force someone to take part in mediation. They are entitled to decline to mediate, without any affect on the outcome if the matter ends up in court. If they do refuse, the Mediation Unit will let you know that they don’t wish to participate.
If mediation isn’t going to take place and there is still no resolution to the matter, the party wishing to recover the money may proceed to lodging a claim, which commences the formal legal action. That party must wait 21 days after the final notice is given before starting the formal action.
See Making a Claim for further information.