Mediation Bill 2017 – TABLE OF CONTENTS
Adjourning court proceedings to facilitate mediation
| 19. | (1) | Where— | ||
| (a) | parties have entered into an agreement to mediate, and | |||
| (b) | one or more of the parties referred to in paragraph (a) commences proceedings in respect of the dispute the subject of the agreement to mediate, | |||
| a party to the proceedings may, at any time after an appearance has been entered and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to adjourn the proceedings. | ||||
| (2) | On application to it being made under subsection (1), the court shall make an order adjourning such proceedings if it is satisfied that— | |||
| (a) | there is not sufficient reason why the dispute in respect of which the proceedings have been commenced should not be dealt with in accordance with the agreement to mediate, and | |||
| (b) | the applicant party was at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper implementation of the agreement to mediate. | |||
| (3) | This section is in addition to and not in substitution for any power of a court to adjourn proceedings before it. | |||
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