Page 1027 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

7.86 Conclusion and termination of mediation (RHC 26C.6)
(1) When an agreement is reached between the parties-

(a) the mediator shall report the agreement to the court in terms agreed between
the parties; and
(b) the parties may take such steps as are necessary to cause the agreement to be
included in a consent order.
(2) If the mediator considers that a mediation should not continue, the mediator
shall —
(a) terminate the mediation; and
(b) report that fact to the court.

7.87 Court may terminate mediation (RHC 26C.7)
(1) The court may direct —

(a) the termination of a mediation at any time if it is satisfied that it is
unreasonable or inappropriate for the mediation to continue; or
(b) the termination of the appointment of a mediator; or
(c) the appointment of a new mediator to replace a mediator who has died, or
ceased to hold office, or whose appointment has been terminated.
(2) If the court directs the appointment of a new mediator it may, with the
consent of the parties, order that the mediation continue on whatever basis the parties have
agreed.

7.88 Costs of mediation (RHC 26C.8)
The costs of the parties relating to mediation shall, unless the parties otherwise agree,
be in the discretion of the court in accordance with rule 11.3.

CHAPTER 10: CHANGE OF ADVOCATE
7.89 Advocate acting for a party (42.1)
Where the address for service of a party is the business address of his advocate, the
advocate shall be considered to be acting for that party until the provisions of this Chapter
have been complied with.
7.90 Change of advocate — duty to give notice (42.2)
(1) This rule applies where —
(a) a party for whom an advocate is acting wants to change his advocate;

(b) a party, after having conducted the claim in person, appoints an advocate to
act on his behalf (except where the advocate is appointed only to act as an
advocate for a hearing); or
(c) a party, after having conducted the claim by an advocate, intends to act in
person.

(2) Where this rule applies, the party or his advocate (where one is acting or
intends to act) must —
(a) file notice of the change; and
(b) serve notice of the change on every other party and, where paragraph (1)(a)
or (c) applies, on the former advocate.
(3) The notice must state the party’s new address for service.
(4) The notice filed in the court must state that notice has been served as required
by paragraph (2)(b).

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