The South Australian Magistrates' Court has operated a mediation service which has been available to parties in civil matters for a number of years.
Since July 2013, free mediation has been available in the Magistrates' Court if it is requested by the parties in the period after a plaintiff serves the Final Notice of Claim on the defendant but before the plaintiff lodges the claim itself.
Otherwise if the decision to mediate is made by the parties after a claim has been lodged and an action commenced, a minimal cost is involved.
- For a minor civil claim (claims up to $25,000), the cost of mediation is $500 (plus GST).
- For a general civil claim (claims between $25,001 - $100,000), the cost of mediation is 2% of the claim(plus GST), but is capped to a maximum of $2,000 (plus GST).
Mediation costs are shared equally between the parties and payment is required at least 7 days before the mediation occurs.
Of course a mediation can only work if both parties agree to participate in it, and agree to be bound by the decision of the mediator.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.