In the context of mediation, what is the parties' obligation under Section 27 of the CPA?

In the context of mediation, Section 27 of the Civil Procedure Act (CPA) establishes that parties have an obligation to participate in mediation procedures. This requirement underscores the importance of collaboration and good faith engagement during the mediation process, which is intended to facilitate a resolution of the dispute outside of court.

The premise behind this obligation is that mediation serves as a means to encourage the parties to find mutually acceptable solutions. When parties are required to actively participate, it helps in the effective administration of justice by potentially reducing the number of cases that need to be resolved in court, thereby easing the burden on the judicial system.

Participation implies engaging openly with the mediator and the other parties involved, which can lead to constructive dialogue and a higher likelihood of reaching a settlement. This responsibility is critical because mediation is designed to be a collaborative process, and the success of mediation heavily relies on the willingness and effort of both parties to negotiate sincerely.

In contrast, the alternatives provided do not align with the spirit of mediation as intended by the CPA. Engaging in bad faith, avoiding settlement discussions, or disregarding confidentiality would undermine the process and its objectives, which are centered around achieving constructive resolutions through cooperative discussion.