Community Mediation Centres Act 1997 · 2020 Revised Edition · Part 3 · Mediation
14. Representation by agent
Feedback & supportLast amended by an amending law of 2024. 3 amendments in all.
A party to a mediation session is not entitled to be represented by an agent unless —
mediation session
“mediation session” means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter;
it appears to the Director that —
an agent should be permitted to facilitate mediation; and
the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
the Director so approves.
Despite subsection (1), in the case of a mediation mentioned in section 12(2A), the Director must not approve the representation of a party by an agent unless —
mediation
“mediation” includes —(a)the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes;(b)the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on the initiative of a Director; and(c)the follow-up of any matter that is the subject of any such discussion or settlement;
the party authorises the agent in writing to represent the party at the mediation session and to agree on the party’s behalf to the terms of any settlement or agreement reached at, or drawn up under, the mediation session; and (b)the agent signifies in writing that he or she is willing to represent the party at the mediation session.
Subsection (1) does not prevent —
where a body corporate is a party to a mediation session — an officer of the body corporate;
where a corporation that is a body corporate constituted under section 10A of the Land Titles (Strata) Act 1967 is a party to a mediation session — a council or committee member or its managing agent;
where a statutory body is a party to a mediation session — an officer of the statutory body; or
where a society registered under section 4 or 4A of the Societies Act 1966 is a party to a mediation session — an officer of the society as defined in section 2 of that Act,from representing that company, corporation, body corporate or society, as the case may be.
Where a Director approves of the representation of a party by an agent, the approval of the Director may be given subject to any conditions that the Director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the Director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.
Director
“Director” means a person holding office or duly acting as Director of a Community Mediation Centre;
This section does not apply to a claim referred to a mediator of a Community Mediation Centre under section 18A of the Small Claims Tribunals Act 1984.
mediator
“mediator”, in relation to a Community Mediation Centre, means —(a)the Director of the Centre; or(b)any person for the time being appointed under section 8 as a mediator for the Centre.