Western Australian Numbered Acts Western Australian Numbered Acts (1) At an initial
directions hearing or at any other stage of a proceeding, the Tribunal may
refer the matter, or any aspect of it, for mediation by a person specified as
a mediator by the Tribunal.
(2) The person
specified as a mediator has to be a person who has been approved by the
President as a person who may act as a mediator.
(3) The referral may
be made with or without the consent of the parties.
(4) The purpose of a
mediation is to achieve the resolution of the matters by a settlement between
the parties.
(5) The rules may
specify how notice of the mediation is to be given, how the mediation is to be
conducted, and the fees to be paid by a party for the mediation.
(6) Unless the
mediator directs otherwise, the mediation is to be held in private.
(7) Except to the
extent that the rules may specify the procedure for a mediation, the mediator
may determine the procedure for the mediation.
(8) If the mediator is
a Tribunal member and a settlement appears to be reached at the mediation, the
mediator may reduce the terms of settlement to writing and make any orders
necessary to give effect to the settlement.
(9) If a settlement is
not reached at the mediation or the mediator is not a Tribunal member, the
mediator is to report on the outcome of the mediation to the Tribunal as
constituted when it made the referral.
(10) If the mediator
is a Tribunal member, the member cannot take any further part in dealing with
the proceeding after the mediation unless all parties agree to him or her
doing so.