Importance of Court-Ordered Mediation in Civil Procedure

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Civil Procedure
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PART 1
Involuntary mediation is believed to be an injustice. Court ordered mediations are doing justice
by ordering the parties to mediate. Mediation gives genuine benefits but also the courts makes
the orders in accordance to overarching obligations of the Civil Procedure Act. The great
importance of the Civil Procedure Code in establishing mediation, an agile process and under a
principle of speed, is that it will strengthen this peace culture process.
Certainly, the person who presents the demand must justify if he / she has gone before to
mediation or has tried other means of resolving the dispute with the opposing party. It will
determine at least that these systems are used prior to the process and this generalized imposition
determines at least two consequences: that they will begin to be processes of normal use by
lawyers and that many of the conflicts will no longer reach the courts because they will have
previously been deactivated1. Alternative mechanisms of conflict resolution -between them,
mediation- should be understood as complementary and subsidiary as stipulated in Civil
Procedure Act 2010 (Vic) s 16.
For friendly and cost effective system, mediation is important as it gives desired results without
the use of long judicial processes. In Victorian government, the judge can force the parties to
enter into a mediation to resolve the dispute in a negotiated manner.
1 Alex Bevan, Guy Hollebon and Lucinda Bromfield, Mediation (Thorogood Publishing Limited, 2010).