Mediation is always voluntary, in the sense that you cannot be forced to agree to settle your dispute.

Often parties agree to mediate their dispute.

There are some Acts of Parliament that require mediation before people can go to court, for example, in disputes under the Retail Leases Act 1994 (NSW), the Farm Debt Mediation Act 1994 (NSW) and the Native Title (New South Wales) Act 1994 .

All NSW courts can order the parties to attempt mediation, whether they agree or not.