What the RMA says about mediation

All parties to proceedings before the Environment Court are entitled to join the mediation process, and are required to attend if an Environment Court Judge orders it. This includes appellants and respondents, the original applicants for resource consent, and submitters if they have let the court know they want to be a party to the proceedings.

The Environment Court can also direct that alternative dispute resolution (including mediation) takes place, and that all parties participate unless a party has leave not to attend.

Normally, the parties write up any agreement they reach as a mediation agreement. This is later formalised into a draft consent order.

The consent order spells out the terms of your agreement, which are enforceable under the RMA. An Environment Judge must review and approve all draft consent orders (unless you withdraw your appeal).

If you don’t reach an agreement, your dispute may go to court for a hearing.

• Parties often incur costs to attend mediation. The Environment Court cannot make an award for costs in respect of court-assisted mediation. A party shouldn’t seek to recover any costs of mediation from any other party, as there has been a mutual and genuine attempt to settle the issues.
• If you choose not to go into mediation (and the court has not directed it), the court will not hold this against you when deciding the case or whether to impose costs on any of the parties.