Statute Details
- Title: Mediation Rules 2017
- Act Code: MA2017-R1
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Mediation Act 2017
- First Made / Citation: 1 November 2017 (SL 624/2017)
- Revised Edition: 2 June 2025 (2025 RevEd)
- Status: Current version as at 27 March 2026
- Key Provisions:
- Rule 1: Citation
- Rule 2: Prescribed information under section 12(3)(c) of the Mediation Act 2017
What Is This Legislation About?
The Mediation Rules 2017 are subsidiary legislation made under the Mediation Act 2017. In practical terms, these Rules focus on one core compliance point: they specify what information a mediated settlement agreement must contain in order to satisfy the requirements of the Mediation Act.
Mediation is intended to provide a structured, confidential, and party-driven alternative to court litigation. However, for mediated outcomes to be usable and enforceable within the legal system, the law needs a minimum level of formality and traceability. The Mediation Rules 2017 therefore operate as a “content checklist” for settlement agreements, ensuring that key parties and process details are clearly recorded.
Although the Rules are short, they are highly consequential for practitioners. A mediated settlement agreement that omits required information may fail to meet statutory expectations, potentially undermining the agreement’s legal standing or the ability to rely on it in subsequent proceedings.
What Are the Key Provisions?
Rule 1 (Citation) is straightforward: it provides the short title by which the Rules may be cited. This is standard legislative housekeeping and does not create substantive obligations.
The substantive requirements are contained in Rule 2, which is expressly linked to section 12(3)(c) of the Mediation Act 2017. Rule 2 states that, for the purposes of section 12(3)(c) of the Act, a mediated settlement agreement must contain all of the following information:
(a) The name of each party to the mediated settlement agreement. This ensures that the agreement is clearly attributable to the correct legal persons (individuals or entities). For lawyers, this is a critical drafting point—especially where parties include corporate entities, trustees, estates, or multiple related companies. Names should match the parties’ legal names as used in the underlying dispute or transaction documents.
(b) The name of each mediator conducting the mediation. This requirement supports accountability and process integrity. It also helps avoid disputes later about whether the mediation was conducted by the persons actually appointed to do so. Where there are co-mediators, the agreement should list each mediator rather than using a generic description.
(c) The name of the mediation service provider (if any) administering the mediation. Many mediations are facilitated through a mediation centre or service provider. If such a provider exists, its name must be recorded. If there is no service provider administering the mediation, the agreement should reflect that position appropriately (for example, by omitting the field or stating “N/A” in a manner consistent with the agreement’s drafting style). The key is to avoid ambiguity.
(d) The name of each certification scheme (if any) under which each mediator is certified. This is a distinctive and important compliance element. It requires not only identification of the mediator, but also the certification framework(s) relevant to the mediator’s credentials. In practice, mediators may be certified under different schemes (or may hold multiple certifications). The settlement agreement should therefore capture the certification scheme names accurately. Lawyers should coordinate with the mediator to obtain the correct scheme name(s) and ensure that the information is current and verifiable.
(e) The date on which the mediated settlement agreement is made. This date can matter for determining when obligations arise, when the agreement becomes effective, and how it interacts with any timelines in the underlying dispute. Practitioners should ensure the date is consistent with the signature date(s) and any “effective date” language used in the agreement.
(f) The terms of the settlement reached by the parties at the mediation. This is the substantive heart of the agreement. The Rules require that the settlement terms be included. While the Rules do not prescribe a particular level of detail, the “terms” must be sufficiently clear to reflect what the parties agreed. In drafting, counsel should avoid vague references such as “as discussed” without incorporating the actual obligations, payment amounts, deliverables, timelines, and any conditions precedent or releases.
Because Rule 2 uses the phrase “must contain all of the following information,” the list is cumulative. A practitioner should treat it as a mandatory checklist: partial compliance is not enough. The safest approach is to include each item explicitly in the settlement agreement, even if some information seems obvious from the mediation process.
How Is This Legislation Structured?
The Mediation Rules 2017 are structured as a very compact set of Rules. The document contains:
Rule 1: Citation.
Rule 2: Prescribed information under section 12(3)(c) of the Mediation Act 2017.
There are no additional Parts or Rules in the extract provided, and the Rules appear to be designed as a targeted instrument rather than a comprehensive procedural code. In other words, the Rules do not attempt to regulate the mediation process itself (such as appointment procedures, conduct of sessions, or confidentiality). Instead, they focus on the minimum content that must appear in a mediated settlement agreement to satisfy the statutory requirement referenced in the Mediation Act.
Who Does This Legislation Apply To?
The Rules apply to mediated settlement agreements made under the Mediation Act 2017 framework. In practical terms, the obligations fall on the parties and their counsel (and, operationally, on mediators and mediation service providers) when preparing the settlement agreement.
While the Rules do not directly impose duties on mediators in the way a detailed procedural code might, mediators and service providers are central to compliance because the required information includes mediator names and certification scheme details. Therefore, practitioners should assume that mediators and mediation centres will be asked to provide accurate information for inclusion in the agreement.
Why Is This Legislation Important?
Even though the Mediation Rules 2017 are brief, they are important because they translate statutory requirements into concrete drafting obligations. For lawyers, the key risk is not theoretical: a mediated settlement agreement is often relied upon as a final resolution mechanism. If the agreement is later challenged or if enforcement or recognition becomes contested, missing statutory content can become a focal point.
Rule 2’s checklist also supports transparency and traceability. Recording the parties, mediators, service provider, certification scheme(s), date, and settlement terms helps demonstrate that the mediation was conducted properly and that the settlement reflects the actual outcome. This is particularly relevant in multi-party disputes, where the identity of parties and mediators must be precise.
From a practice-management perspective, the Rules encourage standardisation. Many law firms and mediation providers will implement templates that include these fields. Doing so reduces drafting errors and ensures that settlement agreements are consistently compliant. Counsel should also build a verification step into their workflow—confirming mediator names and certification scheme names, checking that the date is correct, and ensuring that the settlement terms are complete and unambiguous.
Finally, the Rules’ linkage to section 12(3)(c) of the Mediation Act 2017 means that compliance is not merely “best practice.” It is a statutory requirement. Practitioners should therefore treat Rule 2 as a mandatory component of settlement agreement preparation, not as optional formatting guidance.
Related Legislation
- Mediation Act 2017 (particularly section 12(3)(c))
Source Documents
This article provides an overview of the Mediation Rules 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.