Go to the office of the mediation clerk at the court.
Explain your problem to the clerk.
Mediation Guide – Before court proceedings have started
a) If mediation is possible the clerk will help you fill in the application form.
Alternatively you can click to download the (form 1) and take it to the mediation clerk before you have started court proceedings.
Mediation Guide – Court proceedings
b) If you are already engaged in court proceedings then click to use the (form 3).
The Clerk will invite you and the other party to come to a meeting to discuss and agreement to mediate.
At this meeting:
- The clerk will explain mediation.
- The parties sign a written agreement to mediate.
- The clerk will assist the parties to choose a mediator.
- The date and time of the mediation will be agreed and fees paid according to a fixed tariff and shared equally by both parties.
The mediator and the parties meet on a suitable date for a mediation session.
- The mediator explains mediation rules and procedure.
- Each party tells their story.
- The mediator may ask questions.
- The mediator suggests solutions.
- Parties discuss what is the best solution.
An agreement is reached.
- The mediator helps parties to write an agreement.
- Agreement may be made an order of court if the parties wish.
- Form 1 – Application for Referral to Mediatio – Prior to litigation
- Form 3 – Application for referral to Mediation – After commencement of litigation
- Form 8 – Statement of Claim
- Form 9 – Statement of Defence
- Form 14 – Settlement Agreement