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

# Check who must attend a Victorian personal injury mediation

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-who-must-attend-a-mediation-and-what-is-exchanged-before-it/victoria  
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 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. |
| Written for | Victoria |
| 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 lists the Supreme Court and County Court mediation requirements.

- What the AI does: 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 does: Confirm authority and the papers. The tool lists the attendance rules.
- 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. 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.
2. 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.
3. Persons with authority to settle, and the practitioners responsible for advising on settlement, must attend. An insurer may be available by telephone.
4. Where there are two or more defendants, or a third party, their practitioners attend a pre-mediation conference within 10 days before the mediation.
5. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Victoria personal injury lists, or County Court private or court-provided mediation

**Deliverable**: An attendance and exchange list tied to the order.

**Inputs**

- The mediation order and date
- Who holds authority to settle
- Whether there is more than one defendant

**Example**: 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 escalate when**

- No one with authority is identified.
- The tool is asked to write the position paper.

Checked 2026-10-23.

## Sources

- [Supreme Court of Victoria, Practice Note SC CL 3, sections 6 and 9](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (checked 2026-10-23)
- [County Court of Victoria, Common Law Division Practice Note, section 10](https://www.countycourt.vic.gov.au/files/documents/2026-02/common-law-division-practice-note-pncld-feb-2026_0.docx) (checked 2026-10-23)
- [County Court of Victoria, PNCCV 1-2026](https://www.countycourt.vic.gov.au/files/documents/2026-06/use-artificial-intelligence-court-users-practice-note.docx) (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.*