Check who must attend a Victorian personal injury mediation
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the orders and the practice note, list who must attend and which documents are exchanged before the mediation. The tool does not write a position paper.
- What the lawyer must review
- The lawyer confirms who has authority to settle, and that they will attend or be available.
- Check whether, in the County Court, an insurer may be available by telephone.
- The lawyer settles any paper the mediator or the other parties receive.
- Read the order. The practice note states the usual position.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Victoria personal injury lists, or County Court private or court-provided mediation
Produce. An attendance and exchange list tied to the order.
Have ready. The mediation order and date; Who holds authority to settle; Whether there is more than one defendant.
Example of the limit. Illustrative example: Two defendants are mediating in 12 days and have not conferred. The list marks the pre-mediation conference. The lawyer arranges it.
Stop and hand it back when
- No one with authority is identified.
- The tool is asked to write the position paper.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the orders and the practice note, list who must attend and which documents are exchanged before the mediation. The tool does not write a position paper. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Practice Note SC CL 3 expects a mediation about two to three months before trial, and a trial management hearing about one to two weeks after that date. The hearing proceeds even if the mediation has not occurred.
- In the County Court Civil Claims Lists, other than the Serious Injury List and the WorkCover List, private mediation is in the standard orders and is not waived. The date is no later than six weeks before trial.
- Persons with authority to settle, and the practitioners responsible for advising on settlement, must attend. An insurer may be available by telephone.
- Where there are two or more defendants, or a third party, their practitioners attend a pre-mediation conference within 10 days before the mediation.
- For a court-provided mediation, a mediation book is given to the Court by 12 noon the day before, and the solicitors have a calculation of costs available.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Index for a personal injury settlement conference brief | Checklist | AI use 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. All precedents.
Sources
- Supreme Court of Victoria, Practice Note SC CL 3, sections 6 and 9 · 2026-10-23
- County Court of Victoria, Common Law Division Practice Note, section 10 · 2026-10-23
- County Court of Victoria, PNCCV 1-2026 · 2026-10-23
County Court practice note PNCCV 1-2026, created on 5 June 2026, says not to enter confidential or sensitive information into a public AI tool. It cites Form 44A of the County Court Civil Procedure Rules 2018.
New expert evidence after mediation is limited. A position paper the other side receives is settled by the lawyer. This version does not draft one.