Who must make the mediation decision, within what period, and what must that body consider before deciding?
General information · Not legal advice
Material to check
For a practice file, read the paper showing the date the mediation proceedings opened, since the period runs from that day; the mediation decision itself, to see who issued it; any notice given to the applicant stating a reason and a deadline for an extension; and the appraisal panel's opinion, because the provision makes the decision depend on having that opinion in view.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading is that the mediation panel must make its decision within the period the provision sets, counted from the day the mediation proceedings opened; where the panel itself finds this necessary, it may extend that period once only, up to the extension period the provision allows, must state the reason and the deadline in a notice to the applicant, and must decide having regard to the appraisal panel's opinion.
Another reading stresses what the provision does not settle: the extension rests on the panel finding it necessary, with no stated test and no second extension available, the opinion need only be 'considered' rather than followed, and nothing here says what follows if the period passes with no decision and no notice.
Your judgment
If the decision was made after the period and after one extension, what in the file would show that the appraisal opinion was genuinely considered?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period, the extension or the notice duty, or if a decision on the mediation panel's mediation fixes the weight of an appraisal opinion or the effect of missing the period.