Human rights: Avoiding court

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The Court is likely to refer your matter for mediation. The mediator is a specially trained Registrar from the Court. The mediator will tell you what you should provide to them in preparation for the mediation.

Unless the Court or a Registrar otherwise orders, you and your lawyer (if you have one) must attend the mediation. At mediation, you must make a genuine effort to identify the issues in dispute and to reach agreement on the issues in dispute.

Consent between the parties

At any time before the judge delivers a decision, you may notify the Court that you have resolved your dispute and reached agreement. You will need to send the Court a draft of what you have agreed, signed by each party and stating that it is a ‘consent order’.


An applicant can choose to discontinue the application at any time by filing a Notice of discontinuance with the Court.