Power, after summons issued, to order mediation
53A Power, after summons issued, to order mediation
If a summons has been issued under section 53, a magistrate or the clerk of the court for the place where the defendant is required to appear may order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 (an order to mediate).
The magistrate or clerk of the court may make an order to mediate if—
the magistrate or clerk considers that the matter would be better resolved by mediation than by proceeding on the summons; or
the complainant consents to the order.
The clerk of the court may, at any time, refer a summons to a magistrate for directions as to whether or not to make an order.
An order to mediate must be in the approved form.
If an order to mediate is made—
the magistrate or clerk of the court must give notice of the order to the complainant and defendant; and
the summons may not be served and no other action may be taken on the summons, unless a magistrate or clerk of the court orders that the summons may be proceeded with under section 53B.
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