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What triggers mediation?

After an appeal has been lodged, mediation may be initiated at any time and may arise in a number of ways. An Environment Judge can suggest that you consider mediation. In most cases, the Court will ask all parties to report to it on the steps parties have taken to negotiate and/or mediate and the outcome of negotiation and mediation. If all parties agree to Court-assisted mediation then a time and venue will be set by the Registrar of the Court. The file then goes to an Environment Court Commissioner who will conduct the mediation. Mediation can only be arranged once the statutory period for interested parties to join has ended, and all parties agree.

You or any of the other parties can also request mediation at any time. The earlier you make such a request the better it is for everyone involved and the more likely it is that an agreement will be reached. You certainly shouldn't see it as an option of last resort.

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