Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 50.07

Reference to mediator

    (1)     At any stage of a proceeding the Court may, with or without the consent of any party, order that the proceeding or any part of the proceeding be referred to a mediator.

    (2)     Except so far as the Court otherwise orders, an order for reference to mediation shall not operate as a stay of the proceeding.

    (2.1)     At any stage of a proceeding in the Costs Court, a Costs Judge or a Costs Registrar may, with or without the consent of any party, order that the proceeding or any part of the proceeding be referred to a mediator.

    (2.2)     Unless the Costs Court otherwise orders, an order for reference to mediation shall not operate as a stay of the proceeding.

    (3)     Where a reference is made under paragraph (1) or paragraph (2.1) 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.

    (4)     The mediator may and shall if so ordered report to the Court or the Costs Court, as the case requires, whether the mediation is finished.

    (5)     The mediator shall not make any report to the Court or the Costs Court, as the case requires, other than a report under paragraph (4).

    (6)     The Court or the Costs Court, as the case requires, 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.

    (7)     The Court or the Costs Court, as the case requires, may order any party to give security for the remuneration of the mediator.

    (8)     This Rule does not apply to the reference of a proceeding or any part of a proceeding to mediation by—

        (a)     an Associate Judge under Rule 50.07.1;

        (b)     a Costs Registrar under Rule 50.07.2;

        (c)     a Prothonotary or Deputy Prothonotary under Rule 50.07.3; or

        (d)     a judicial registrar under Rule 50.07.4.



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