Arranging ADR through the courts

Arranging consent

To arrange a consent order for alternative dispute resolution (ADR) through the Magistrates or Supreme and District Courts:

  1. find out if both parties consent to either mediation or case appraisal
  2. agree on and contact a suitable mediator or case appraiser and negotiate fees
  3. file a Form 34 – ADR consent order (DOC, 25KB) with the court registry
  4. arrange a meeting between the parties and the mediator or case appraiser to try to reach a settlement.

Referring orders

Even if parties don’t consent to attend ADR, the court may order the parties. In this case, the court files a referring order (DOC, 31KB).

Any party can apply to the court for a referring order by filing a Form 9 - Application (UCPR) (DOC, 48KB) with an affidavit stating what steps they’ve taken to get a consent order for ADR and why they wish to attend.

The referring order outlines details of the ADR, such as the name of the mediator, date, documents to be provided and how the mediator is to be paid.

At the hearing for the referring order, the judge expects you to:

  • confirm that ADR has been explained to you
  • identify the issues that are still contested and the obstacles preventing a settlement
  • confirm that there have been discussions about:
    • whether mediation or case appraisal is preferred
    • which mediator or case appraiser to use if the judge makes a referring order
    • who will pay for the ADR process if the judge makes a referring order.

You or your lawyer must:

  • make arrangements with the mediator or case appraiser
  • arrange to pay the fees for the ADR process, usually directly to the mediator or case appraiser.