Mediation
The Magistrates’ Court ‘Diversion to Mediation’ Program began as a pilot program as part of the $3.7 million Alternative Dispute Resolution initiative announced in the 2002-03 state budget. The pilot was conducted by the Dispute Settlement Centre of Victoria (DSCV) which is the state mediation service, in partnership with the Magistrates’ Court of Victoria. The program operates at the Broadmeadows, Dandenong, Frankston, Heidelberg, Melbourne, Ringwood, Sunshine, Werribee and Moorabbin Magistrate Courts.
Background
The Diversion to Mediation Program concentrates predominantly on Intervention Order applications, which involve stalking, and in particular, neighbourhood disputes. In cases where mediation has been suggested and has resulted in agreement, the benefits for the clients have increased as the cause of the conflict has been addressed, decreasing the likelihood of further applications, reducing hearing times for the court and a better outcome for the parties.
Benefits of Mediation
- Mediation is a free service
- Mediation can be arranged very quickly
- Mediation is an informal and flexible process
- Mediation is confidential
- Mediation allows for all parties to have an equal opportunity to raise their issues
- Mediation assists parties to generate practical solutions that are workable
- Mediation can help to restore ongoing relationships
How the Program Operates
A mediation coordinator is appointed at each participating court who will explain to parties how mediation may assist them in resolving their dispute out of court. The mediation coordinator will also organise mediation session bookings, venues and mediators. After the parties have attended the mediation the complainant makes a decision to continue with their application or have it withdrawn on the return date.
Process
Mediation is an option for any party named in an application for an intervention order initiated under the Stalking Intervention Orders Act 2008.
Referrals can be made at any stage of the intervention order process, either by a registrar at the initial stage of the application process or by legal services or a Magistrate on the return date.
Referrals made when the initial application is filed
If the applicant is interested in pursuing mediation, the Registrar will contact the DSCV and speak with a Dispute Assessment Officer (DAO) who will speak to the applicant over the telephone in order to make a further assessment of the suitability of the case for mediation. Generally cases with pending Family Court applications, matters involving police as the application or cases where there is evidence of violence whether actual or not are not considered appropriate for mediation.
If the applicant wishes to proceed with mediation instead of an application for an intervention order, the DAO will then take the details of the other party and write to them inviting them to attend for a mediation session.
If the applicant wishes to proceed with the application for an intervention order as well as mediation the DAO will refer the applicant back to the Registrar to commence proceedings. DSCV will not attempt to organise mediation due to the limited timeframes and the fact that the respondent who would be served with an application for an intervention order is likely to be upset and unresponsive to mediation.
Referrals made at the return date of an application
When parties attend court of the return date of the application the registrar may ask parties whether they have considered mediation as an alternative to resolving the dispute. If one or both parties are not interested in attending mediation they cannot be forced to attend.
Parties may be referred to the legal services available at the Court where mediation may again be offered to parties as a way of resolving the dispute while providing advice to their client regarding the application for an intervention order.
As mentioned earlier, Magistrates may also ask parties to consider mediation as an option. If both parties agree the matter will be stood down to enable both parties to speak to the Mediation Coordinator located at the court where the ‘Diversion to Mediation’ program operates. Their role is to then explain the process to both parties, assess the case for suitability and answer any questions regarding the process. The Mediation Coordinator will then arrange a venue to hold the mediation as well as a mutually agreeable time and date for both parties. If there is no Mediation Coordinator located at the court, the Registrar will contact the DSCV and speak with a DAO who will speak with both parties over the phone to assess suitability and obtain contact details to be able to arrange a date for mediation. Once this is arranged, generally the parties will re-appear before the Magistrate to confirm the arrangements and have the matter formally adjourned for mediation.
When mediation is successful
If agreement has been reached during the mediation session, the mediator will ask the parties if they wish to proceed with the application. If they no longer wish to proceed, a report will be completed and forwarded to the appropriate court. Both parties will also sign the report and receive a copy which notes they are not required to attend court on the adjourned date as the application is not proceeding any further.
When mediation is not successful
It may be the case that no agreement was able to be reached or that one or neither party attended the mediation session. If this is the case, a report will be completed by the mediator stating that mediation was not successful and will indicate (if known) whether the parties still wish to continue with the application for an intervention order.