STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 54

STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 54

54 .         Mediation

        (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.