Mediation can still be considered even after legal proceedings have begun.

At this stage, the focus is often on finding a way to resolve the dispute while reducing further stress, expense, and uncertainty.

Frequently Asked Questions

1. What is the Form 128 Application for Referral to Mediation?

Form 128 is a document associated with requesting referral of a matter to mediation. It forms part of the documentation used when parties seek to explore mediation as an alternative dispute resolution option.

2. What information is usually included in a mediation referral application?

A mediation referral application generally identifies the parties involved, provides information about the dispute, and explains the request for mediation. The exact requirements depend on the applicable court rules and procedures.

3. Does completing a mediation referral form guarantee that mediation will happen?

No. Completing or submitting a referral document does not automatically mean mediation will proceed. The suitability of mediation and the process to follow depend on the circumstances of the matter and the applicable procedures.

4. What happens after a matter is referred to mediation?

If mediation proceeds, the parties normally meet with a neutral mediator who helps guide discussions. The mediator does not make decisions for the parties; any agreement must come from the participants themselves.

5. Do I need legal advice before using a mediation referral form?

It may be helpful to obtain independent advice, especially where the dispute involves significant legal rights, financial matters, contracts, or court proceedings. A mediator can explain the mediation process, but does not replace independent legal advice.

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