Section 24 — Tribunals, Courts and Enforcement Act 2007: Mediation

Mediation 24 1 A person exercising power to make Tribunal Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

a mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

b where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

2 Practice directions may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

3 The provision that may be made by virtue of subsection (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.

4 Once a member has begun to act as a mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

5 Staff appointed under section 40(1) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

6 In this section— “ member ” means a judge or other member of the First-tier Tribunal or a judge or other member of the Upper Tribunal; “ practice direction ” means a direction under section 23(1) or (2); “ proceedings ” means proceedings before the First-tier Tribunal or proceedings before the Upper Tribunal.