District Court Rules

ORDER 49B

MEDIATION AND OTHER ALTERNATIVE DISPUTE RESOLUTION

1 Definitions

1. In this Order:

the “2017 Act” means the Mediation Act 2017 (No 27 of 2017);

each of the expressions “mediation”, “mediation settlement” and “mediator” has the same meaning as in section 2 of the 2017 Act;

“another ADR process” means conciliation or another dispute resolution process approved by the Court, but does not include mediation or arbitration.

2 Invitation to mediate; application for adjournment to facilitate mediation

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2.(1) The Court may, in civil proceedings to which the 2017 Act applies, in accordance with section 16(1) of the 2017 Act, on the application of any of the parties or of its own motion, where it considers it appropriate having regard to all the circumstances of the case:

(a) invite the parties to consider mediation as a means of attempting to resolve the dispute the subject of the proceedings, and

(b) provide the parties to the proceedings with information about the benefits of mediation to settle the dispute the subject of the proceedings.

(2) Where, following an invitation by the Court, the parties decide to engage in mediation, the Court may, in accordance with section 16(2) of the 2017 Act—

(a) make an order adjourning the proceedings to such date as the Court considers just and convenient in all the circumstances,

(b) make an order extending the time for compliance by a party with any relevant provision of these Rules or with any order of the Court in the proceedings, or

(c) make such other order or give such direction as the Court considers necessary to facilitate the effective use of mediation.

(3) An application by a party to civil proceedings under section 19(1) of the 2017 Act for an order adjourning the proceedings must be made by motion to the Court on notice to the other party or parties in accordance with Order 44, but need not be grounded on any affidavit.

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3 Application for invitation to mediate

3. An application by a party under section 16(1) of the 2017 Act must be made by motion to the Court on notice to the other party or parties in accordance with Order 44 within the period mentioned in section 16(4) of the 2017 Act. An application by such a party under section 16(4) of the 2017 Act to dispense with the requirement for an affidavit may be made ex parte at any sitting of the Court in the Court district concerned.

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4 Orders by consent

4. If all the parties to a proceeding (including any third parties) agree at a mediation on the terms of an order to be made, including an order for the final disposition of a proceeding, the Court may make the order.

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5 Proceedings to enforce mediation settlement

5.(1) An application under section 11(3) of the 2017 Act to enforce the terms of a mediation settlement must be made by notice of application in the Form 49B.01, Schedule C grounded on an affidavit sworn by or on behalf of the moving party which must exhibit and verify the mediation settlement.

(2) Copies of the notice of application, grounding affidavit and any exhibits must be served, in accordance with Order 41, on each other party to the mediation settlement not later than 14 days before the date fixed for the hearing of the application.

(3) A statutory declaration as to the service of the notice of application on each respondent must be lodged with the Clerk not later than seven days before the return date.

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6 Mediator’s report to Court

6.(1) A mediator’s report required by section 17 of the Act must be entitled as in the proceedings to which it relates and must be submitted to the Court by the lodgment by the mediator with the Clerk of an affidavit verifying and exhibiting the report.

(2) An application under section 17(2) of the 2017 Act for a direction to dispense with the requirement that a copy of the report be given to the parties at least seven days prior to its submission to the Court may be made ex parte at any sitting of the Court in the Court district concerned.

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7 Adjournment to facilitate other ADR process

7. (1) The Court, on the application of any of the parties or of its own motion, may, when it considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—

(i) invite the parties to use another ADR process to settle or determine the proceedings or issue, or

(ii) where the parties consent, refer the proceedings or issue to such process,

and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of such other ADR process, if any, as the Court may specify.

(2) Where the parties decide to use another ADR process, the Court may make an order extending the time for compliance by any party with any provision of these Rules or any order of the Court in the proceedings, and may make such further or other orders or give such directions as the Court considers will facilitate the effective use of that process.

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8 Application for adjournment to facilitate other ADR process

8. An application by a party for an order under rule 7 may be made by motion to the Court on notice to the opposing party or parties, or may be made without such motion at any other time when the proceedings are before the Court, including at a case management hearing.

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9 Orders by consent

9. If all the parties to a proceeding (including any third parties) agree at an other ADR process on the terms of an order to be made, including an order for the final disposition of a proceeding, the Court may make the order.

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10 Extension of time limits

10. Despite any other provision of these Rules, if a proceeding is referred to mediation or an other ADR process, the time for taking any step in a proceeding under any of those Rules must, unless the Court otherwise orders, be calculated as if time did not run during the period of any adjournment to facilitate the mediation or other ADR process.

[SI 9/18]

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