Magistrates Court mediation

In the Magistrates Court, a mediation will bear upon later litigation, if the agreement reached in mediation is to define issues that are going to trial. There is a $300 fee for mediation in the civil division.

In the Minor Civil Claims division, mediation session is free. In order to settle a small claim without going to court, a ‘Settlement Agreement’ is a way of ending a mediation session without the added costs of litigation. A Settlement Agreement can be made into a ‘Consent Judgment’. If one side fails to comply with their side of the agreement a Consent Judgment is enforceable. Enforceable means that a bailiff can seize property from the non-complying party to auction in order to recoup the promised payment.

See generally the ‘Advice to Parties’ document provided by the Magistrates Court.