---
title: "Check attendance at a New South Wales mediation or settlement conference"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-who-must-attend-a-mediation-and-what-is-exchanged-before-it/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-LT20261023-9-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check attendance at a New South Wales mediation or settlement conference

> From the hearing estimate and the orders, say whether Practice Note 16 points to a mediation or a settlement conference, and who must attend. The tool does not write a position paper.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-who-must-attend-a-mediation-and-what-is-exchanged-before-it/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the hearing estimate and the orders, say whether Practice Note 16 points to a mediation or a settlement conference, and who must attend. The tool does not write a position paper. |
| What the lawyer must review | The lawyer confirms the instructions on mediation before a hearing date is taken. Treat a case of three days or more as generally a mediation, and a shorter case as generally a settlement conference. Require the parties and their lawyers to attend the settlement conference. For an insured party, an officer with authority to resolve the case must attend. |
| Written for | New South Wales |
| Applies to | [Check who must attend a mediation and what is exchanged before it](https://ailawframework.com/practice/personal-injury-and-compensation/check-who-must-attend-a-mediation-and-what-is-exchanged-before-it.md) |

## Checking plan

**Verify against sources**

The lawyer confirms attendance. The tool applies the Practice Note 16 estimate.

- What the AI does: From the hearing estimate and the orders, say whether Practice Note 16 points to a mediation or a settlement conference, and who must attend. The tool does not write a position paper.
- What the lawyer does: Confirm the form of the conference and who has authority.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The Court's power to order mediation does not depend on the parties' consent.
2. Where the estimate is three days or more, the Court will generally direct a mediation unless the parties have arranged one.
3. Where the estimate is less than three days, the Court will generally order a settlement conference. The parties and their lawyers must attend.
4. An officer of an insured party with authority to resolve the case must attend that conference. A mediation may still be ordered in a shorter case.
5. Practice Note SC CL 1 allows directions on whether alternative dispute resolution should be ordered. It does not apply to the professional negligence list or the institutional abuse list.

## Notes

- Supreme Court Practice Note SC GEN 23, commenced on 3 February 2025, prohibits generative AI from generating evidentiary content, and requires prior leave before it is used to draft an expert report.
- SC GEN 23 allows a chronology, an index or a witness list. No District Court generative AI practice note was opened. Practice Note 16 governs the General List.

## Practical guide

Jurisdiction: District Court General List under Practice Note 16, or the Supreme Court General Civil List under Practice Note SC CL 1

**Deliverable**: An attendance note for the mediation or the settlement conference.

**Inputs**

- The hearing estimate
- The orders
- Who holds authority for an insured party

**Example**: Illustrative example: The estimate is two days. The note marks a settlement conference, not a mediation, and names the insurer's officer. The lawyer confirms that officer will attend.

**Stop and escalate when**

- The estimate is unknown.
- No officer with authority is identified for an insured party.

Checked 2026-10-23.

## Sources

- [District Court of NSW, Civil Practice Note 16, paragraphs 50 to 52](https://districtcourt.nsw.gov.au/documents/practice-notes/district-court-pn---civil/District_Court_Civil_Practice_Note_16_-_Case_Management_in_the_General_List_004.pdf) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC CL 1, paragraph 27](https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/documents/Practice-and-Procedure/Practice-Notes/common-law-practice-notes/current/PN-SC-CL-01-20260910.pdf) (checked 2026-10-23)
- [Supreme Court of NSW, Practice Note SC GEN 23](https://supremecourt.nsw.gov.au/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.pdf) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Index for a personal injury settlement conference brief](https://ailawframework.com/precedents/personal-injury-and-compensation/settlement-conference-brief-index.md) | Checklist | Yellow | An index of the solicitor's brief for a settlement conference or mediation in a personal injury claim, with the attendance rules taken from the practice notes that were opened. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*