Related Publications
Pre-Hearing Conferences and Mediation
Matters where a notice of defence is filed (with the exception of claims for motor vehicle collisions or claims for less than $1000) are referred to a pre-hearing conference or mediation before they are listed for hearing. Mediations are generally held for more complex matters, where the amount in dispute is $30,000 or more.
Pre-hearing conference
A pre-hearing conference is a compulsory meeting of parties and/or their legal representatives at the court at a date and time fixed by the court. The conference is normally conducted by a registrar, but may be conducted by a judicial registrar or a magistrate. The process is informal, and discussions are confidential.
At a pre-hearing conference, the registrar will assist the parties in attempting to reach agreement to resolve the dispute. At the pre-hearing conference, orders and directions can be made by the registrar for the completion of steps to be taken prior to the hearing, with or without consent of the parties.
A pre-hearing conference may be adjourned for a further pre-hearing conference or a telephone mention to allow further time for settlement to be explored or to allow time for further completion of procedural steps.
If the registrar adjourns a pre-hearing conference at the request of a party, the registrar may order that party to pay the costs of the adjournment.
When a pre-hearing conference does not resolve the dispute, the matter will be listed at a later date for hearing or arbitration, depending on the amount of claim. The registrar will require parties to provide information on the number of witnesses to be called, an estimate of the duration of the hearing or arbitration, whether expert witnesses or interpreters will be required and information about when witnesses and parties are unavailable.
Mediation
Before mediation is ordered, the registrar will inform the parties by written notice that the matter appears to be suitable for mediation. Unless a party raises any issues , a mediation referral order will be made after 21 days from the date of the written notice. The parties must agree on the mediator to be appointed and the date and time of the mediation. The parties may choose a mediator from the Dispute Settlement Centre of Victoria, a private mediator, or a court registrar may be requested to mediate, subject to the registrar’s availability.
Where parties cannot agree on a mediation, the Court will appoint a mediator from the Single List of External Mediators.
A mediator may only adjourn the mediation by agreement of all the parties and has no power to make orders in the proceeding.
Attendance
All the parties, their lawyers, and any other person who has the authority to settle the matter (e.g. the party’s insurer) must attend a pre-hearing conference or mediation. If a party is a corporation, the corporation’s lawyer must attend. A representative of the corporation who is in exclusive employment of the corporation and who is authorised in writing to attend and to settle the matter must also attend.
You may attend a pre-hearing conference by telephone if you demonstrate to the registrar that actual physical attendance will cause unreasonable inconvenience and/or unreasonable cost. This request must be made in writing to the registrar at least three days before the day of the conference. If your request is granted, you must be in attendance by telephone for the whole of the conference.
If either party fails to attend the pre-hearing conference or mediation, a registrar or magistrate may dismiss the plaintiff’s claim or strike out the defendant’s defence.
Mediation Pilot
A mediation pilot programme has been commenced at the Magistrates' Courts at Broadmeadows, Sunshine, Werribee and Latrobe Valley (the Pilot Programme). Further details are available on the Meditation Pilot page accessible from the Related Pages panel to the right.