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Mediation Through the Courts

Arranging mediation for court-related cases

Mediation is used in civil and commercial disputes, as well as those involving intervention orders under the stalking provisions of the Crimes Act 1958. The parties can try mediation at any time before a hearing, without needing a court order, simply by contacting the Dispute Settlement Centre of Victoria (DSCV). They will then contact everyone to ensure the matter was suitable for mediation, and check the intervention orders to ensure they can conduct the mediation session.

The DSCV can deal with civil cases from the Magistrates' Court, County Court or Supreme Court, as well as matters from the Victorian Civil and Administrative Tribunal (VCAT).

Organising mediation

If everyone involved in the dispute has agreed to use the DSCV service before contacting them, they don't need to send out letters of invitation and wait for replies, so mediation arrangements can commence immediately. If a referrer - such as a housing worker, lawyer, social worker or police officer - is involved, they can assist in coordinating dates and times. If a large number of people are involved in the dispute it might not be possible to write to everyone involved.

The process in court-related cases

While awaiting a hearing, the parties may agree to try to resolve the matter through mediation.

If one party requests mediation, the DSCV will write to the other party and invite them to a mediation. If both parties have been ordered by the court, or have signed consent orders agreeing to come to mediation as part of the court process, then one party is obliged to contact the DSCV, and they will start making the arrangements immediately without the need for writing letters.

The Dispute Assessment Officer (DAO) arranges a mediation session. They ring each person involved to discuss the mediation process, preparation, and the availability and attendance of the parties. They book any interpreters needed and send out appointment letters.

If the matter is settled before the mediation is held, the parties need to advise the court and the DSCV in writing. The court proceedings can be withdrawn or consent orders can be filed at court, depending on the parties' wishes.

If mediation goes ahead, two mediators meet the people attending the session for a face-to-face round-table meeting. Most mediations take between two and three hours, and usually only one session is required.

If the matter is settled at mediation, the mediators or solicitors can write up the agreement and the parties can sign it. The parties may prepare consent orders which can be filed and enforced through the court, or they may decide to withdraw the court proceedings.

If the matter is not settled at mediation, the parties need to tell the court so that a hearing date can be set.