87Referral for mediation

87 Referral for mediation

87 Referral for mediation

(1) A claimant may apply for the referral of a claim for work injury damages for mediation as referred to in section 318A of the 1998 Act by lodging—

(a) an application for mediation, and

(b) a copy of the pre-filing statement served by the claimant as required by section 315 of the 1998 Act, and

(c) copies of the information and documents served with the pre-filing statement as required by rule 86.

(2) A claimant who applies to refer a claim for mediation must, within 7 days of registration of the application, serve the application on the defendant

(3) The claimant must, within 7 days of the date of service, lodge a certificate of service certifying service of the application on the other parties.

(4) If the defendant does not lodge a response in accordance with rule 88, the claim may not be referred to mediation until the claimant lodges a certificate certifying service of the application for the referral.