If the bankrupt does not agree with the amount of surplus income to be paid, the trustee must request mediation. If any of the creditors do not agree with the amount of surplus income to be paid, they may submit a written request to the trustee asking for mediation. The conditions of the discharge, if any, will be based on the bankrupt's conduct and ability to make payments. The bankrupt may request mediation if he or she disagrees with the conditions that the trustee has recommended for discharge. The trustee must request mediation when creditors oppose the bankrupt's discharge.
Discharge mediation is only available for a first-time bankrupt.
The mediation is successful when all the parties will reach an agreement. The bankrupt will be required to comply with all provisions of the agreement. If the parties do not reach an agreement over surplus income, the trustee may apply to court to decide the matter. However, the trustee must apply to court, if he or she is requested to do so by a creditor or by officials from the Office of the Superintendent of Bankruptcy. If the parties do not reach an agreement over conditions for the bankrupt's discharge, the trustee must apply to court as soon as possible to have the matter decided.