“mediator” means an individual who is appointed to be a mediator for a mediation;
“party to a mediation” means any party to the whole or part of a dispute that is referred for mediation, but does not include any mediator conducting the mediation;
“third party”, in relation to a mediation, means a person who is—
- (a) not a party to the mediation;
- (b) not a mediator for the mediation; and
- (c) not a mediation service provider.
(2) Where more than one mediator is appointed for a mediation, a reference to a mediator under this Act is a reference to all the mediators for the mediation.
Meaning of “mediation”
3.—(1) In this Act, “mediation” means a process comprising one or more sessions in which one or more mediators assist the parties to a dispute to do all or any of the following with a view to facilitating the resolution of the whole or part of the dispute:
- (a) identify the issues in dispute;
- (b) explore and generate options;
- (c) communicate with one another;
- (d) voluntarily reach an agreement.
(2) For the purposes of subsection (1), a session is a meeting between the mediator, or one or more mediators (where more than one mediator is appointed for a mediation), and one or more of the parties to the dispute, and includes any activity undertaken (whether by a mediator, a party to the dispute or some other person)—
- (a) to arrange or prepare for such a meeting, whether or not the meeting takes place; and
- (b) to follow up on any matter or issue raised in such a meeting.
