Victorian Consolidated Regulations Victorian Consolidated Regulations(1) The power and discretion of the Court as to mediation under section 47A of the Act shall be exercised subject to and in accordance with this Rule.
(2) An order for reference to mediation may be made at any stage of a proceeding.
(3) Except so far as the Court otherwise orders, an order for reference to mediation shall not operate as a stay of the proceeding.
(4) Where a reference is made under paragraph (2) the mediator shall endeavour to assist the parties to reach a settlement of the proceeding or settlement of that part of the proceeding referred to the mediator.
(5) The mediator may and shall if so ordered report to the Court whether the mediation is finished.
(6) The mediator shall not make any report to the Court other than a report under paragraph (5).
(7) Except as all the parties who attend the mediation in writing agree, no evidence shall be admitted of anything said or done by any person at the mediation.
(8) The agreement may be made at the mediation or later.
(9) The Court may determine the remuneration of the mediator, and by what party or parties and in what proportion the remuneration is to be paid either in the first instance or finally.
(10) The Court may order any party to give security for the remuneration of the mediator.
Rule 50.07(11) substituted by S.R. No. 158/2021 rule 13.
(11) This Rule does not apply to the reference of a proceeding or any part of a proceeding to mediation by—
(a) a judicial registrar under Rule 50.07.1; or
(b) a Registrar under Rule 50.07.2.