Mediation Act 2017

Role of mediator

8. (1) The mediator shall, prior to the commencement of the mediation—

(a) (i) make such enquiry as is reasonable in the circumstances to determine whether he or she may have any actual or potential conflict of interest, and

(ii) not act as mediator in that mediation if, following such enquiry, he or she determines that such conflict exists,

(b) furnish to the parties the following details of the mediator that are relevant to mediation in general or that particular mediation:

(i) qualifications;

(ii) training and experience;

(iii) continuing professional development training,


(c) furnish to the parties a copy of any code of practice published or approved under section 9 to which he or she subscribes in so far as mediation is concerned.

(2) The mediator shall—

(a) during the course of the mediation, declare to the parties any actual or potential conflict of interest of which he or she becomes aware or ought reasonably to be aware as such conflict arises and, having so declared, shall, unless the parties agree to him or her continuing to act as the mediator, cease to act as the mediator,

(b) act with impartiality and integrity and treat the parties fairly,

(c) complete the mediation as expeditiously as is practicable having regard to the nature of the dispute and the need for the parties to have sufficient time to consider the issues, and

(d) ensure that the parties are aware of their rights to each obtain independent advice (including legal advice) prior to signing any mediation settlement.

(3) Subject to subsection (4), the outcome of the mediation shall be determined by the mutual agreement of the parties and the mediator shall not make proposals to the parties to resolve the dispute.

(4) The mediator may, at the request of all the parties, make proposals to resolve the dispute, but it shall be for the parties to determine whether to accept such proposals.