In the Magistrates’ Court, civil matters involving:
are to be referred to mediation in accordance with Order 50 of the Magistrates’ Court General Civil Procedure Rules 2020.
Where a civil matter is referred to mediation in this fashion, the mediation is to be conducted by what the Court defines as an ‘acceptable mediator’. There are a number of categories of ‘acceptable mediator’. Among these, the Court has approved a list of mediators that have national mediator accreditation under the Australian National Mediator Accreditation System (NMAS). This list is called the List of External Mediators (LEM).
The Court expects parties to consult with each other to agree on the mediator as well as the time, date and venue for the mediation. To that end, parties may agree to nominate a mediator from the LEM.
Where the Court refers a proceeding to mediation, the costs of the mediation are to be shared equally between the parties. LEM mediations are capped at a fee of $1,540 including GST for the first 4 hours and thereafter $2,200 including GST for a full day. When a mediator is nominated from the list, the parties must advise the mediator that the nomination arises from the LEM so that the fee arrangement is understood.
In addition to the ability of parties to nominate a mediator from the LEM for the types of matters listed above, where a civil matter involves a monetary claim of less than $40,000, parties may still have their matter mediated before a LEM mediator where they consent to such a course and provide a minute of consent to the Court to that effect.
Only barristers who are NMAS accredited mediators are eligible to be on the LEM panel. They can conduct mediations either online, or in person, or both. A list of those barristers who are on the LEM panel, together with their contact details and links to their biographies, can be found below.