Steps to follow
- There are five steps involved in arranging consent for ADR.
- Find out if both parties consent to go to mediation or case appraisal.
- Agree on and contact a suitable mediator or case appraiser and negotiate fees.
- File a Form 34 – ADR consent order (MS Word Document 25.5 KB) (UCPR) with the court registry
- Arrange a meeting between the parties and the mediator or case appraiser with the aim of reaching a settlement.
- The court may order the parties to ADR. The standard order for referral to ADR when the parties do not consent is Form 33.
- 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 order for ADR, and why ADR is desirable.
- 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
- 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.