Casenotes – Can a Non-Attending Party be Bound to a Mediated Settlement? ‘Is a Court Order for Mediation a Substantive’ or ‘Procedural’ Determination? Mediation Media Watch
David L. Spencer
Australian Catholic University
November 1, 2010
Alternative Dispute Resolution Journal, Vol. 21, p. 199, 2010
In this case note the issue for the court was whether a non-attending party could be bound to a mediated settlement agreement. The court found that the lack of attendance was not fatal to the agreement being forced under the maxim of pacta sunt servanda, because such agreements are made subject to the necessity of obtaining the Court’s approval”.
The second case deals with the contentious issue of whether a court order for mediation is a substantive or procedural determination. In this case the court found that directions for parties to attend mediation are procedural not substantive determinations that require no written reasons.
Number of Pages in PDF File: 5
Keywords: mediation, case management, civil litigation
JEL Classification: K10, K40, K41Accepted Paper Series
Date posted: August 19, 2011 ; Last revised: September 15, 2011
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