How to apply for mediation of a civil dispute in Victoria
In Victoria, civil mediation can be court-referred (Supreme, County, and Magistrates' Courts can refer under the Civil Procedure Act 2010 (Vic)), via the Dispute Settlement Centre of Victoria (DSCV) for community disputes, through VCAT's compulsory conference process, or privately. Mediation is confidential, without prejudice, and supported by pre-action obligations to consider resolution under the Civil Procedure Act 2010 (Vic).
The framework
Court-referred mediation in Victoria is governed by the Civil Procedure Act 2010 (Vic), particularly ss 66-69. VCAT compulsory conferences and mediations are under s 88 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic). DSCV operates under the Department of Justice and Community Safety. Confidentiality is protected by s 24A of the Evidence Act 2008 (Vic) for mediation communications.
The process
Consider pre-action obligations
Under the Civil Procedure Act 2010 (Vic), parties are expected to try to resolve disputes before and during litigation. Failure to engage in reasonable resolution efforts can affect costs.
Choose the mediation pathway
Options include court-referred mediation, VCAT compulsory conferences or mediations, DSCV for community disputes, private mediation through an NMAS-accredited mediator, or industry schemes (e.g. Building Dispute Resolution Victoria).
Obtain the other party's agreement or apply for a court order
For private mediation, seek agreement from the other party. For court-referred mediation, file a summons or obtain consent orders referring the matter. VCAT can refer matters to mediation of its own motion.
Select an NMAS-accredited mediator
Choose a mediator with subject-matter expertise — commercial, construction, succession, workplace, or family-law — and confirm availability, fees, and mediation style.
Sign the mediation agreement
Parties sign a mediation agreement setting out confidentiality, without-prejudice protection, fees, cancellation terms, and the mediator's role.
Prepare a focused position statement
Prepare a concise position statement — facts, legal issues, strengths and weaknesses, and a realistic settlement range. Exchange with the other party or provide confidentially to the mediator per the agreement.
Attend with settlement authority
Attendees must have authority to settle within a defined range. Corporate parties should send a decision-maker; insurers should send someone with reserves authority.
Engage in joint and private sessions
The mediator will typically open a joint session, then move into private caucuses exploring interests, options, and BATNA. Use breaks to consult lawyers and decision-makers.
Sign Heads of Agreement on the day
If settlement is reached, sign Heads of Agreement or a settlement deed the same day — legally binding, dated, and signed. For court-referred mediation, prepare consent orders to close the proceeding.
Return to litigation if unresolved
If mediation does not resolve the dispute, the matter continues in the court or tribunal. Confidentiality of mediation communications is preserved by s 24A of the Evidence Act 2008 (Vic).
Forms and templates
- Summons or Consent Orders for Mediation (Supreme / County Court)
- DSCV application
- Mediation Agreement (private)
Common mistakes
- Attending without full settlement authority
- Treating mediation as a discovery exercise rather than a settlement process
- Failing to document settlement in a signed Heads of Agreement on the day
- Selecting a mediator without subject-matter expertise for technical disputes
- Ignoring pre-action obligations under the Civil Procedure Act 2010 (Vic) and risking adverse costs
Get this process right with Quillio
Quillio drafts Victorian mediation position statements, offer letters, settlement deeds and Heads of Agreement, and consent orders for court-referred mediations. See /practice-areas/dispute-resolution-lawyers or start a free trial at /free-trial.
General information only — not legal advice. Mediation confidentiality has limits (e.g. threats, illegality), and a poorly drafted settlement can reopen the dispute. Obtain legal advice before attending and before signing any settlement.
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