Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This rule applies
if the Court makes a case management direction that directs any parties to
confer with a mediator.
(2) The direction does
not operate as a stay of proceedings unless the Court orders otherwise.
(3) Unless the Court
has specified a time and place for the conference, the parties must take any
steps necessary and obey any relevant case management directions to ensure
that it takes place without delay.
(4) A party must
attend the conference in person or, if the party is a body corporate, by an
agent who is authorised by the body to conduct settlement negotiations and to
settle the case.
(5) Each party’s
costs of and incidental to the conference shall be the party’s costs in
the cause, unless the Court orders, or the parties agree, otherwise.
(6) The remuneration
and expenses of a mediator who is not a registrar are to be paid by the
parties in equal shares, unless the Court orders, or the parties agree,
otherwise.
(7) Within 2 weeks
after the conclusion of the conference, the party ordered by the Court to do
so must file a report signed by or on behalf of the parties
concerned —
(a)
confirming that the conference took place as directed; and
(b)
recording the substance of any resolution or narrowing of the differences
between the parties achieved as a result of the conference.
(8) The
mediator —
(a) must
not, unless the parties agree, report to the Court about the conference;
(b)
whether or not the parties agree, may report to the Court any failure by a
party to cooperate in the conference.
(9) A report made
under subrule (8)(b) must not be disclosed to the trial judge except for the
purposes of determining any question as to costs or as to the remuneration and
expenses of a mediator.
(10) Rule 41,
other than subrule (3), applies to the conference as if any reference in it to
a pre‑trial conference were a reference to the conference.
[Rule 35 amended in Gazette
23 Dec 2005 p. 6272.]