Mediation

Nearly all civil cases in the Supreme Court will be referred to mediation. If your matter is mediated, there is a strong possibility it will be resolved without going to trial. This means you can avoid the cost, time and stress of a Supreme Court trial.

The Court offers Mediation Information Sessions for anyone involved in Supreme Court litigation every second Friday.

To sign up for one of the Mediation Information Sessions please email Associate.Principal.Registrar@justice.wa.gov.au with your request, including your name and the matter number of any Supreme Court action/s that you are involved with.  

Confidential

Mediation is a confidential process, overseen by a registrar or judge who facilitates discussion between the parties. This means that the parties have control over the settlement of their dispute.

If the matter does not settle, the mediator will not be involved in deciding the dispute at trial. This allows the parties to freely discuss their aims, needs and requirements for settlement. The mediation is not recorded or transcribed in any way. The mediator, parties or lawyers may take notes during the mediation, but those notes will be treated confidentially.

If an agreement is reached at or after mediation, it can take effect immediately. If the parties wish, the agreement can also be embodied in an order of the court, which can be enforced by the court. Even if the dispute is not resolved, mediation can assist parties to clearly define the issues which need to be resolved at trial, reducing the time and expense of trial.

How does a mediation proceed?

Orders will be made to send the matter to mediation. Generally, the plaintiff will have to pay a fixed mediation fee (General Division Fees). There is no additional charge for the mediator’s time or the Court facilities.

The Court has purpose-built mediation rooms, so that the parties (and their lawyers, if applicable) can sit together with the mediator in a ‘joint session’ and then return to smaller, private rooms for ‘breakout’ or ‘private’ sessions. The Court can provide a Microsoft Teams link if you are unable to attend the mediation in Perth and if the case manager of your matter allows you to attend the mediation by video. You will need to seek orders from the case manager of your matter, well in advance of the mediation, to permit this. The best results are achieved when everyone involved in the dispute is physically present at the mediation.

The mediator will not disclose anything that you tell them in a private session, unless you ask them to.

Even if the dispute is not settled, mediation can assist the parties to clearly define the issues which need to be resolved, reducing the length and expense of the trial.

Supreme Court mediations are listed for a full day, generally starting at 10:00am, and may go beyond 5:00pm.

Support persons

It is very important to remember that mediations are private.  That means that only the parties to the dispute – the people who are named in the heading on the Court documents – and their lawyers (if applicable) can attend the mediation.  If you want someone else to attend with you, to provide support, you or your lawyer must ask all the other parties well in advance of the mediation, if they agree to that. 

If you arrive on the mediation day with someone to support you and this takes the other parties by surprise, it could derail the mediation and create distrust and argument before you even have a chance to start discussing the dispute. 

If the other parties do not agree to your support person being present, then you or your lawyer must seek orders from the case manager of your matter for their attendance well in advance of the mediation.  If you do not, then it is likely the support person will not be allowed to attend the mediation.

Where will the mediation be held?

Most mediations are held on Levels 7 and 8 of the David Malcolm Justice Centre at 28 Barrack Street, Perth.

How should I prepare for mediation?

• Be prepared to listen.
• Think about what you hope to achieve, what you need to achieve and why, from the resolution of the dispute.
• Speak when you are ready to respond, rather than as a reaction.
• Be familiar with the aspects of your matter which are in dispute.
• Think carefully about which aspects of the case you may be able to agree upon.
• Talk to your lawyer about future costs.
• Think about and develop options that might meet everyone’s interests and may lead to a resolution.
• Think about how the other party/s may view those options and what options the other party/s might suggest.
• Ensure you are not rushed - set aside a full day and make a genuine effort to reach agreement.
• Be prepared to make a decision. Many successful mediations result in a final and binding deal being done on the day of mediation.

Practicalities

• There may not be any set break times during your mediation.
• You are welcome to bring drinks and snacks.
• Ensure that you have organised childcare for a full day, and that you have parking for a full day.
• There is security screening at the building’s entrance. Allow about 10-15 minutes for this.
• If you have any security or safety concerns, you should raise them with the Associate to the Mediator at least 2 days before mediation. The court is usually able to make arrangements to address the security or safety concerns of the parties.

Last updated: 30-Jul-2025

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