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AI Summary of Mediation Act 2017 (No. 27)
The Mediation Act 2017 establishes a comprehensive framework to promote mediation as a viable alternative to court litigation in civil disputes. Its primary objectives include reducing legal costs, facilitating access to justice, alleviating court congestion, and advancing early dispute resolution across a variety of civil matters. The Act mandates legal practitioners to advise clients on mediation before court proceedings commence, ensuring they understand the potential benefits and have access to accredited mediators.
Confidentiality is integral to the mediation process, with communications typically inadmissible in court, thereby fostering openness and trust. The Act also empowers courts to encourage parties to consider mediation and may factor in unreasonable refusals when awarding costs. Innovations include the enforceability of Mediation Settlement Agreements, which can be made binding as contracts, alongside a Ministerial obligation to promote mediation awareness and uphold professional standards in the mediation field.
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