34Timetable for referral for mediation

#### 34 Timetable for referral for mediation 34 Timetable for referral for mediation > > (1) The claim must be referred for mediation within— > > > > > (a) 30 business days for malignant claims involving only one defendant, or > > > > > (b) 50 business days for malignant claims involving more than one defendant, or > > > > > (c) 60 business days for non-malignant claims involving only one defendant, or > > > > > (d) 100 business days for non-malignant claims involving more than one defendant, > > > > after service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (2) The plaintiff must, within one business day, notify the registrar in writing of the following— > > > > > (a) the claim being referred for mediation, or > > > > > (b) the claim being settled (unless an application for a consent judgment or order has been filed). > > > (3) If a claim is not referred for mediation within the time required by this clause, the registrar is to refer the claim for mediation on the next business day following the end of that period. > > > (4) Until the registrar has been notified that a claim has been settled or referred for mediation, the registrar is to presume that the claim has not been settled or referred for mediation, respectively. > > > (5) If a claim involves more than one defendant, the claim must not be referred for mediation until— > > > > > (a) the defendants have reached agreement as to the contribution that each is liable to make to the plaintiff’s damages, or > > > > > (b) if the defendants cannot reach agreement as to that apportionment, until the Contributions Assessor has determined the matter. > > > (6) The registrar may, with the agreement of all the parties to a claim, defer referring the claim for mediation on one occasion only for the period agreed by the parties, but not exceeding— > > > > > (a) 5 business days for a malignant claim, or > > > > > (b) 20 business days for a non-malignant claim. > > > (7) The period of any deferral is to be added to the relevant period in clause 35(1), so as to extend the period within which mediation of the claim concerned must be concluded. > > > (8) The registrar can delegate to any member of staff of the Tribunal any function of the registrar under this clause (except this power of delegation).