sec.323Referral of dispute to appointed mediator

### sec.323 Referral of dispute to appointed mediator A referring order for a mediation must— appoint as mediator— a specified mediator; or a mediator to be selected by the parties; and include enough information about pleadings, statements of issues or other documents to inform the mediator of the dispute and the present stage of the proceeding between the parties; and set a period beyond which the mediation may extend only with the authorisation of the parties or estimate how long the mediation should take to finish; and state how the mediator is to be informed of the appointment; and require the parties, if the mediation is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. The order must also— set the ADR costs or estimate the costs to the extent possible; and state the percentage of ADR costs each party must pay; and provide to whom and by when the ADR costs must be paid. Instead of setting or estimating the appointed mediator’s fee, the order may direct the parties to negotiate a fee with the appointed mediator. The order must be made in the approved form. A mediator must have regard to an amended pleading, including amendments made after the referring order. r 323 amd 2012 SL No. 150 s 20 (sec.323-ssec.1) A referring order for a mediation must— appoint as mediator— a specified mediator; or a mediator to be selected by the parties; and include enough information about pleadings, statements of issues or other documents to inform the mediator of the dispute and the present stage of the proceeding between the parties; and set a period beyond which the mediation may extend only with the authorisation of the parties or estimate how long the mediation should take to finish; and state how the mediator is to be informed of the appointment; and require the parties, if the mediation is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. (sec.323-ssec.2) The order must also— set the ADR costs or estimate the costs to the extent possible; and state the percentage of ADR costs each party must pay; and provide to whom and by when the ADR costs must be paid. (sec.323-ssec.3) Instead of setting or estimating the appointed mediator’s fee, the order may direct the parties to negotiate a fee with the appointed mediator. (sec.323-ssec.4) The order must be made in the approved form. (sec.323-ssec.5) A mediator must have regard to an amended pleading, including amendments made after the referring order. - (a) appoint as mediator— (i) a specified mediator; or (ii) a mediator to be selected by the parties; and - (i) a specified mediator; or - (ii) a mediator to be selected by the parties; and - (b) include enough information about pleadings, statements of issues or other documents to inform the mediator of the dispute and the present stage of the proceeding between the parties; and - (c) set a period beyond which the mediation may extend only with the authorisation of the parties or estimate how long the mediation should take to finish; and - (d) state how the mediator is to be informed of the appointment; and - (e) require the parties, if the mediation is not completed within 3 months of the date of the referring order, to provide a report setting out the circumstances of the matter to the registrar who may refer the matter to the court for resolution. - (i) a specified mediator; or - (ii) a mediator to be selected by the parties; and - (a) set the ADR costs or estimate the costs to the extent possible; and - (b) state the percentage of ADR costs each party must pay; and - (c) provide to whom and by when the ADR costs must be paid.