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Frequently Asked Questions about Mediation
Introduction
The Land and Environment Court of NSW mediation facility has been available since 1991. The service is free, voluntary and confidential to parties involved in disputes before the Court.
What is mediation?
It is the structured negotiation of a dispute using an independent third party (such as a registrar, assistant registrar or another mediator) to facilitate the negotiation process. Mediation is a form of what is known as alternative dispute resolution, or ADR.
It is an important option for litigants at the Court as it is often argued that ADR produces better outcomes for disputants. Whereas ADR can produce a negotiated or “win-win” outcome for both disputants, adjudication by a Court rarely results in an outcome totally satisfactory to both parties.
What mediation and ADR facilities are available at the Court?
The free mediation service offered by the Court is available to all parties before the Court, with the exception of those parties involved in matters from the Court’s criminal jurisdiction. This mediation is voluntary, requiring the consent of all parties to the dispute. The mediation conference is presided over by a trained mediator, and can be conducted at the Court, on site or at another location suitable to the parties. No report is made either orally or in writing of what transpires at the mediation.
Other ADR options available to parties before the Court include:
- private mediation - a number of private organisations, including the Australian Commercial Disputes Centre (ACDC), provide mediation services. There are listings of private mediators and mediation provider organisations under 'Mediators' and 'Mediation' in the Yellow Pages.
- free mediation services provided by the Community Justices Centres (part of the Attorney General’s Department). In addition, many local councils provide mediation services for parties involved in planning disputes; and
- negotiation – this informal process is commonly used by parties to help resolve disputes before the Court.
How do parties organise a mediation conference at the Court?
If parties agree to pursue the option of a Court-organised mediation, then parties may request the formal fixing of a date at the next callover in the matter. If there is no future callover date, then parties are advised to use the Court’s eCallover facility (within the eCourt system) to seek the setting down of the matter for a mediation conference.
Court-organised mediation conferences will normally be held at the Court's premises in Sydney.
What preparation is required prior to the mediation conference taking place?
The parties are encouraged to exchange statements of the issues that are in dispute between them and supply copies to the Court and the mediator (if a private mediator is engaged) at least 7 days before the mediation.
Both parties must also ensure that a person with the authority to settle the dispute is in attendance at the mediation conference.
How do I obtain further information?
Further information about the practice and procedure of the Court may be obtained by contacting the Court.
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