People sometimes ask what order a Court might make staying a case for mediation. The following is the suggested wording:
DRAFT ORDER – MEDIATION REFERRAL
Upon the court reviewing the court file [and hearing submissions from the parties]
And Upon the court considering that the Overriding Objective of dealing with cases justly and at proportionate cost will be furthered by the parties actively engaging in alternative dispute resolution
IT IS ORDERED that:
1. The claim is stayed until […………] and the parties shall endeavour to settle the issues between them by using mediation or another form of alternative dispute resolution. The parties are referred to the attached Guide to Mediation.
2. On or before […………] the parties shall write to the court either (a) to confirm that the matter has settled and provide a draft Consent Order or Tomlin Order for approval by the court; or (b) to request further directions from the court, stating what further directions are required and providing a draft Order, to be agreed if possible; or (c) to request an extension of the stay, setting out what progress has been made and how much additional time is requested.
3. [If this Order has been made without a hearing: This Order has been made without a hearing and any party affected by it may apply to the court to set aside or vary the Order within 7 days of service of the Order.]