South Australian Numbered Acts South Australian Numbered Acts(1) The Tribunal may, at an initial directions hearing, a compulsory conciliation conference or at any other time, refer the matter, or any aspect of the matter, for mediation by a person specified as a mediator by the Tribunal.
(2) The person specified as a mediator must be a person who has been approved by the President of the Tribunal to 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 or, if a settlement is not achievable through this process, to further refine or narrow the issues in dispute.
(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 to the mediation.
(6) Unless the mediator directs otherwise, the mediation is to be held in private.
(7) Subject to this section and except to the extent to which the rules may specify the procedure for a mediation, the mediator may determine the procedure for the mediation.
(8) If the mediator is a member of the Tribunal and a settlement is reached at the mediation, the mediator may reduce the terms of the settlement to writing and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to the settlement.
(9) If a settlement is not reached at the mediation or the mediator is not a member of the Tribunal, the mediator is to report on the outcome of the mediation to the Tribunal as constituted when it made the referral.
(10) Any settlement under this section—
(a) must not be inconsistent with a relevant Act; and
(b) may be rejected by the Tribunal on the basis that the settlement may materially prejudice any person who has not participated in the mediation but who has a direct or material interest in the matter.
(11) Evidence of anything said or done in the course of a mediation under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.
(12) If the mediator is a member of the Tribunal, the member cannot take any further part in dealing with the proceedings after the mediation, unless all parties to the proceedings agree to his or her continued participation.
(13) The rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.
Subdivision 3—Settling proceedings