Mediation

Question 1

What is mediation?

Answer 1

Mediation is a cooperative method of resolving disputes that is widely used by courts, tribunals and other dispute resolution bodies. Parties in conflict will discuss issues, develop options and consider alternatives with a mediator, to try reach an agreement through negotiation.

Question 2

How do Victorian courts use mediation?

Answer 2

• Victorian courts can refer people to mediation
• Courts can direct parties to attend meditation at a specific time
• Parties may arrange a court, or external mediator.

Question 3

How does VCAT use mediation?

Answer 3

• VCAT often refers a claim to mediation, before a final hearing.
• In small civil disputes, VCAT uses SMAH dispute resolution method, which is conducted by a VCAT mediation. If the matter is not settled, the final hearing is scheduled for the same day.

Question 4

How does CAV use mediation?

Answer 4

Whilst CAV has power to use mediation under certain circumstances, or mainly uses conciliation to resolve disputes.

Question 5

How do parties privately use mediation?

Answer 5

Individuals may try mediation before they initiate a claim. Parties may contact the dispute settlement centre of Victoria, or private mediators.