Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
Miscellaneous
24Mediation
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.