Rule 41A Mediation – Court Information Pack

 

This information is provided to litigants, legal practitioners, and the court to explain the mediation process contemplated in Rule 41A of the Uniform Rules of Court.

 

The Legal Mandate

 

Rule 41A encourages parties involved in civil litigation to consider mediation as a means of resolving disputes, either before or after the commencement of legal proceedings. Mediation under Rule 41A is:

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• Voluntary: Participants enter and remain in the process freely.

• Confidential: Discussions are "without prejudice" and cannot be used in court.

• Independent: Facilitated by an independent, neutral, and impartial mediator.

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Why Refer to CMG?

 

Consensus Mediation Group (CMG) provides a structured, facilitative mediation model that is fully aligned with Rule 41A and internationally accepted mediation principles.

The Advocate’s Benefit:

• Reduced Costs & Delay: Resolve matters in days or weeks rather than years.

• Adverse Cost Orders: Courts may penalize a party with punitive costs if they "unreasonably refuse" to mediate—even if that party eventually wins the case.