S.I. No. 9/2018 - District Court (Mediation) Rules 2018

1. I act on behalf of .................................. of .................................. , the *claimant in the above-named proposed proceedings (in this declaration referred to as my “client”).

2. I have advised my client to consider mediation as a means of attempting to resolve the dispute the subject of the proposed proceedings.

3. I have provided my client with information in respect of mediation services, including the names and addresses of persons who provide mediation services.

4. I have provided my client with information about—

(i) the advantages of resolving the dispute otherwise than by way of the proposed proceedings, and

(ii) the benefits of mediation.

5. I have advised my client that mediation is voluntary and may not be an appropriate means of resolving the dispute where the safety of my client and/or their children is at risk.

6. I have informed my client of the matters referred to in

sections 10

,

11

and

14

(2) and (3) of the

Mediation Act 2017

.

I make this solemn declaration conscientiously believing the same to be true for the purposes of section *14 *15 of the

Mediation Act 2017

and by virtue of the

Statutory Declarations Act 1938

.

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

Declared before me ......................................... [name in capitals] a *(Judge of the District Court) *(commissioner for oaths/practising solicitor) *(peace commissioner) *(notary public) by the said........

*[who is personally known to me]

*[who is identified to me by ......................................... who is personally known to me]

*[whose identity has been established to me before the taking of this Declaration by the production to me of

†passport no......... issued on the........ day of. ......................................... by the authorities of ........................................., which is an authority recognised by the Irish Government,

†national identity card no......... issued on the........ day of ......................................... by the authorities of ......................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,

†Aliens Passport no. ( ......................................... issued on the........ day of......................................... by the authorities of ......................................... which is an authority recognised by the Irish Government,

†refugee travel document no......... issued on the........ day of........ by the Minister for Justice and Equality,

† travel document (other than refugee travel document) ......................................... issued on the........ day of ......................................... by the Minister for Justice and Equality,]

at ......................................... this..... day of ......................................... 20.......

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

*Judge of the District Court *Commissioner for Oaths / *Practising Solicitor / *Peace Commissioner / *Notary Public

This statutory declaration has been filed with the District Court Clerk at .......... on the .................................. day of .............................. 20...........

*Delete where inapplicable

†Where relevant, provide details of the document by which identity has been established and delete the remaining alternatives.

49B.01

Notice of application to enforce mediation settlement

Schedule C

O.49B, r. 5

District Court Area of District No.

Record number

†Between

...............................................................................................Claimant

...............................................................................................Respondent

NOTICE OF APPLICATION

TAKE NOTICE that the above-named claimant will apply to the District Court sitting at ......................................... on the...... day of ......................................... 20.... at........ a.m./p.m. (the “return date”) for

(1) An order under

section 11

(3) of the

Mediation Act 2017

for the enforcement of the terms of a mediation settlement made on the...... day of ......................................... 20...., as between the above-named claimant and the above named respondent *(

or as the case may be

) which is enforceable between the said parties,

[(2)

insert any other order(s) sought, e.g. costs

]

Which application is grounded upon the affidavit of ..................................... sworn on the...... day of ..................................... 20...., which exhibits the said mediation settlement.

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

*(Solicitor for the) claimant

To: District Court Clerk at .........................................

And: ......................................... *(Solicitor for the) respondent

of .........................................

This notice of application has been filed with the District Court Clerk at ......................................... and issued to the above return date on the...... day of ......................................... 20....

*delete where inapplicable

EXPLANATORY NOTE

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

These rules amend Orders 39, 40A, 53, 58, substitute Order 49B, and insert of Forms 39.03 and 49B.01 to facilitate the operation of the

Mediation Act, 2017

.

7. (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 such other 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.

8 Application for adjournment to facilitate other ADR process

8. An application by a party for an order under rule 7 may be made by motion to the Court on notice to the opposing party or parties, or may be made without such motion at any other time when the proceedings are before the Court, including at a case management hearing.

9 Orders by consent

9. If all the parties to a proceeding (including any third parties) agree at an other ADR process on the terms of an order to be made, including an order for the final disposition of a proceeding, the Court may make the order.

10 Extension of time limits

10. Despite any other provision of these Rules, if a proceeding is referred to mediation or an other ADR process, the time for taking any step in a proceeding under any of those Rules must, unless the Court otherwise orders, be calculated as if time did not run during the period of any adjournment to facilitate the mediation or other ADR process.”

SCHEDULE 2

39.03

Declaration as to compliance with section *14 *15 of the

Mediation Act 2017

Schedule C

O.39,r.6(2)

District Court Area of District No.

Record number

Between

...............................................................................................Claimant

...............................................................................................Respondent

STATUTORY DECLARATION AS TO COMPLIANCE WITH SECTION *14 *15 OF THE MEDIATION ACT 2017

I, .................................. of .................................. , *practising solicitor *practising barrister, 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.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

,

section 24

of the

Interpretation Act 2005

, and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 2nd day of January 2018.

Rosemary Horgan Chairperson

Brian Sheridan

Conal Gibbons

Shane McCarthy

Riobard Pierse

Noel A Doherty

Michelle Johnston

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. 9 of 2018

DISTRICT COURT (MEDIATION) RULES 2018

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

(2) These Rules shall be construed together with the District Court Rules 1997 (

S.I. No. 93 of 1997

) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2018.