The County Court (Amendment) Rules (Northern Ireland) 2011

Rule 3(1)(b)

SCHEDULE 1

“PART II MEDIATION

Interpretation

12.   In this Part of this Order—

(a) “an ADR process” means mediation, conciliation or another dispute resolution process approved by the Judge, but does not include arbitration;

(b) “Judge” includes District Judge; and

(c) “party” includes the personal representative of a deceased party.

Adjournment of proceedings for the purposes of ADR

13.— (1) Without prejudice to rule 4, the Judge, on the application of any of the parties or of his own motion, may, when the Judge 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 Judge considers just and convenient and—

(a) invite the parties to use an ADR process to settle or determine the proceedings or issue; or

(b) 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 mediation, if any, as the Judge may specify.

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

Application for an order under rule 13

14.   An application by a party for an order under rule 13 shall be made by notice of motion and shall, unless the Judge otherwise orders, be supported by an affidavit.

Time limit for an application under rule 13

15.   Save where the Judge for special reason to be stated in the Judge’s order allows, an application for an order under rule 13 shall not be made later than 56 days before the date on which the proceedings are first listed for hearing.”