Federal Magistrates Court of Australia

    Dispute Resolution

    Dispute resolution in general federal law

    Mediation is the dispute resolution process usually adopted to resolve disputes in general federal law matters. It is a process where a neutral third party (the mediator) assists the parties to identify disputes issues develop options, consider alternatives, and try to reach an agreement. The mediator has no advisory of determinative role in regard to the content of the dispute or its outcome.

    Where does dispute resolution happen?

    When a federal magistrate orders parties involved in a dispute to attend mediation, it is usually conducted by a registrar of the Federal Court. In some cases, however, it is conducted by a private mediator.

    Who will pay for the dispute resolution?

    In most cases, the Court will pay for the dispute resolution it has ordered you to attend.    

    What happens after dispute resolution?

    The mediator will notify the Court of the outcome. If an agreement is reached, you and the other party/s can file consent orders with the Court. This will complete your court action.

    If an agreement is not reached, your case will proceed to a hearing. It is important to remember that you and the other party/s can reach an agreement at any stage before the hearing. 

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