Court-ordered mediation + ADR before trial (state + federal)
Courts may order parties to attempt ADR before trial.
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Who must comply
Parties to litigation.
What triggers it
Court order or pre-trial directions.
When due
Per court order.
Evidence required
Mediation attendance certificate; settlement record if achieved.
Max penalty
Costs orders against parties who refuse to engage; possible adverse inference
Summary
Most Australian courts (Federal Court, state Supreme Courts, District Courts) may order parties to attend mediation under court-annexed schemes. Parties typically share mediator's costs.
Topics
litigationadr
Related obligations
Frequently asked questions
- Who must comply with Court-ordered mediation + ADR before trial (state + federal)?
- Parties to litigation.
- What triggers Court-ordered mediation + ADR before trial (state + federal)?
- Court order or pre-trial directions.
- When is Court-ordered mediation + ADR before trial (state + federal) due?
- Per court order.
- What is the maximum penalty for Court-ordered mediation + ADR before trial (state + federal)?
- Costs orders against parties who refuse to engage; possible adverse inference
- What evidence is required for Court-ordered mediation + ADR before trial (state + federal)?
- Mediation attendance certificate; settlement record if achieved.
Source: https://www.fedcourt.gov.au/services/mediation. Rules Mate is not a law firm. Always verify against the live regulator source before acting.