Australian mediation lawyers are poised to see a significant increase in their caseloads now that the Civil Dispute Resolution Act has taken effect.  Designed to improve the court process in Australia, the new law will " will fundamentally change the way people resolve issues in federal courts .  .  .  this means greater opportunities for resolution, rather than a system that prioritises 'winners and losers," according to Robert McClelland, Australian Attorney-General.

Mediation Lawyers Participated in Drafting of Legislation

The new law is based on a recommendation from the National Alternative Dispute Resolution Advisory Council, an organization which includes many mediation attorneys in its membership.  The basic principle embodied in the legislation is that parties in dispute should attempt to resolve their differences out of court before any litigation takes place.  Those who fail to attempt mediation or another alternate dispute resolution process will face cost penalties once their case comes to federal court.  

The legislation will require litigants to file "genuine-steps statements" that substantiate their efforts to resolve the dispute outside of the court process.  These documents will be kept secret, in keeping with the fundamental principle that mediation, unlike court, is a private process that protects the confidentiality of clients.  

Construction mediation is one arena in which the new regulations will apply.