Commercial Court Division (Mediation Pilot Project) Rules, 2003

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Date of promulgation: 

3 August 2003

Download Original File: 

 

THE COMMERCIAL COURT DIVISION (MEDIATION PILOT PROJECT) RULES, 2003.

ARRANGEMENT OF RULES.

Rule.

 

1.

Title.

2.

Commencement.

3.

Duration.

4.

Application.

5.

Interpretation.

6.

Management of Pilot Project.

7.

Newly filed cases, backlog cases and reference to mediation

8.

Mandatory mediation reference.

9.

Exemption from mediation hearing.

10.

Time limits.

11.

Considerations for extension or abridgement of time.

12.

Mediators.

13.

The mediation procedure.

14.

Code of conduct of mediators.

Rule.

 

 

15.Cader’s administrative assistance to the parties.

16.

Procedure at Mediation.

17.

Exchange of information.

18.

Copy of pleadings.

19.

Non-compliance.

20.

Mediator’s report.

21.

Agreement.

22.

Confidentiality.

23.

Fees, expenses and costs.

24.

Forms.

 

SCHEDULES


2003 No. 71.

 

The Commercial Court Division (Mediation Pilot Project) Rules, 2003.

(Under section 43 of the Judicature Statute, 1996, Statute No. 13 of1996)

 

In exercise of the powers conferred upon the Rules Committee by section 43 of the Judicature Statute, 1996, these Rules are made this 3rd day of August, 2003.

1.           Title

These Rules may be cited as the Commercial Court Division (Mediation Pilot Project) Rules, 2003.

2.           Commencement

These Rules shall come into force on the date of publication in the Gazette.

3.           Duration

These Rules shall be in force for a period of two years commencing from the date of commencement.

4.           Application

These Rules shall apply to all civil actions brought to the Commercial Court and to all actions and applications identified for reference by the Commercial Court under the Pilot Project.

5.           Interpretation

In these Rules unless the context otherwise requires—

“associated person” means a person who is a partner, employee or member of a business enterprise engaged in mediation or arbitration, or a person hired by or contracted to such a business enterprise engaged in mediation or arbitration;