S.I. No. 13/2018 - Rules of the Superior Courts (Mediation) 2018

1. Name of party applying to be accompanied at hearing ...................................................... *Applicant/Respondent

2. Name and address of person who it is proposed will accompany the *Applicant/Respondent........

3. Relationship or connection of person referred to in paragraph 2 to *Applicant/Respondent ................................................ (e.g. parent, brother/sister/ family friend etc)

4. *have/*have not previously obtained the permission of the Court to be accompanied in these proceedings. (If permission has previously been granted, give details of the person who was permitted to accompany you)

Dated: 20..

Signed: ......................................................

Applicant/Respondent

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend Orders 1A, 56A, 70A and 99 to facilitate the operation of the

Mediation Act, 2017

.

5. I say that my weekly outgoings amount to the sum of €.. and I say that the details of such outgoings have been set out in the Fourth Schedule hereto.

6. I say that to the best of my knowledge, information and belief, all pension information known to me relevant to the within proceedings is set out in the Fifth Schedule hereto. [Where information has been obtained from the trustees of the pension scheme concerned under the

Pensions Act, 1990

, such information should be exhibited and where such information has not been obtained, the Deponent should depose to the reason(

s

) why such information has not been obtained].

FIRST SCHEDULE

[Here set out in numbered paragraphs all assets whether held in the Applicant/Respondents sole name or jointly with another, whether held legally or beneficially, the manner in which the assets are held, whether they are subject to a mortgage or other charge or lien and such further and other details as are appropriate].

SECOND SCHEDULE

[Here set out in numbered paragraphs all income from whatever source(

s

) ].

THIRD SCHEDULE

[Here set out in numbered paragraphs all debts and/or liabilities and the persons/institutions to which such debts and/or liabilities are due].

FOURTH SCHEDULE

[Here set out full details of weekly personal outings].

FIFTH SCHEDULE

[Here full details of nature of pension scheme, benefits payable thereunder, normal pensionable age and period of reckonable service should be listed to the best of the Deponents knowledge, information and belief].

SWORN etc.

No. 6

THE HIGH COURT

FAMILY LAW

[Insert as appropriate]

IN THE MATTER OF THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989

IN THE MATTER OF THE FAMILY LAW ACT 1995

IN THE MATTER OF THE FAMILY LAW (DIVORCE) ACT 1996

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

AFFIDAVIT OF WELFARE

I, .........................., ............................ [insert occupation] of .................................., aged 18 years and upwards MAKE OATH and say as follows

7. (1) A mediator’s report required by section 17 of the 2017 Act shall be entitled as in the proceedings to which it relates and shall be submitted to the Court by the filing by the mediator of an affidavit verifying and exhibiting the report.

(2) An application under section 17(2) of the 2017 Act for a direction to dispense with the requirement that a copy of the report be given to the parties at least seven days prior to its submission to the Court may be made ex parte.

8. Every statutory declaration required by section 14(2) or, as the case may be, section 15(2) of the 2017 Act shall be filed in the Central Office and a copy served on the defendant.

9. Notwithstanding any other provision of these Rules, if proceedings are referred to mediation, the time for taking any step in the proceedings under any of those Rules shall, unless the Court otherwise orders, be calculated as if time did not run during the period of any adjournment to facilitate the mediation.

III. Other ADR processes

10. (1) The Court, on the application of any of the parties or of its own motion, may, when it 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 Court considers just and convenient and—

(i) invite the parties to use another ADR process to settle or determine the proceedings or issue, or

(ii) 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 another ADR process, if any, as the Court may specify.

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

11. An application by a party for an order under rule 10 shall be by motion on notice to the opposing party or parties, or without such motion at any other time when the proceedings are before the Court.

12. Save where the Court for special reason to be recited in the Court’s order allows, an application for an order under rule 10 shall not be made later than 28 days before the date on which the proceedings are first listed for hearing.”

SCHEDULE 2

Appendix KK

No. 1

Order 70A, rule

THE HIGH COURT

FAMILY LAW

IN THE MATTER OF *THE GUARDIANSHIP OF INFANTS ACT 1964

*THE JUDICIAL SEPARATION AND FAMILY LAW REFORM ACT 1989

*THE FAMILY LAW ACT 1995

BETWEEN/

A.B.

Applicant

and

C.D.

Respondent

STATUTORY DECLARATION

I, ......................................................, solicitor, of ...................................................... aged eighteen years and upwards, do solemnly and sincerely declare that

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th January

, 2018.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act 1924

, section 36, the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), the

Courts (Supplemental Provisions) Act 1961

, section 14 and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 2nd day of January, 2018.

Frank Clarke

Deirdre Murphy

Sean Ryan

Conor Dignam

William McKechnie

Stuart Gilhooly

Elizabeth Dunne

Michael Kavanagh

Michael Peart

Mary Cummins

Gerard Hogan

Noel Rubotham

Anthony Barr

John Mahon

I concur in the making of the following Rules of Court.

Dated this 12th day of January, 2018.

CHARLES FLANAGAN,

Minister for Justice and Equality.

S.I. No. 13 of 2018

RULES OF THE SUPERIOR COURTS (MEDIATION) 2018