Steps to follow

1	There are five steps involved in arranging consent for ADR. Find out if both parties consent to go to mediation or case appraisal. Obtain a copy of the list of mediators or case appraisers from the court registrar. Agree on and contact a suitable mediator or case appraiser and negotiate fees. File a Form 34 – ADR consent order (UCPR) with the court registry. Arrange a meeting between the parties and the mediator or case appraiser with the aim of reaching a settlement.
2	The court may order the parties to ADR. The standard order for referral to ADR when the parties do not consent is Form 33.
3	Any party can apply to the court for a referring order by filing an application (Form 9) with an affidavit setting out what steps the party has taken to obtain a consent orer for ADR, and why ADR is desirable.
4	At the hearing, the judge will expect you to: confirm that ADR has been explained identify the issues that are still contested and the obstacles that are preventing a satisfactory compromise confirm that there have been discussions about: whether mediation or case appraisal is preferable which mediator or case appraiser to use if the judge makes a referring order who will pay for the ADR process if a referring order is made.
5	You or your lawyer is expected to: make the necessary arrangements with the mediator or case appraiser arrange to pay the fees for the ADR process, usually directly to the mediator or case appraiser.

Last updated 12 December 2007