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Circuit Court Rules

Amendment to: Order 19A
S.I. No. 11 of 2018: Circuit Court Rules (Mediation) 2018


1. (1) These Rules, which may be cited as the Circuit Court Rules (Mediation) 2018, shall come into operation on the 22nd day of January 2018.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(3) The Circuit Court Rules 2001 to 2018 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended:

...

      (ii) by the substitution for rule 7 of Order 19A of the following rule:

        “7. (1) The County Registrar at a case progression hearing, may on the application of any of the parties on notice or of his own motion, when he considers it appropriate and having regard to all the circumstances of the case, order that the proceedings or any issue therein be adjourned for such time, ordinarily not exceeding 28 days, as he considers appropriate and invite the parties to use conciliation, arbitration or another dispute resolution process, not including mediation, (each of which process is referred to in this sub-rule as “another ADR process”) to settle or determine the proceedings or issue.

        (2) Where the parties decide to take a step referred to in sub-rule (1)—

            (a) the County Registrar may extend the time for compliance by any party with any provision of these Rules;

            (b) the Judge may extend the time for compliance by any party with any order made by the Judge in the proceedings, and

            (c) the County Registrar may make further or other orders or give directions to facilitate the effective use of another ADR process.

        (3) Where an order has been made under sub-rule (1)—

            (a) the County Registrar may list the proceedings from time to time for a report as to the extent of progress made in the use of another ADR process;

            (b) any party may, on notice to the other party, apply for the order to be discharged.”;