Mediation - Certificate of Readiness (FC 5)

Mediation conferences in the District Court are ordered as case management directions under rule 35 of the District Court Rules 2005, and parties must attend in person, or by an authorised agent for a company, unless excused (r 35(4)). Because court mediations take up registrar time, Practice Note PNC 7.3.6 says the Court may, usually in complex cases, order that a certificate of readiness (FC 5) be filed, usually at least a month before the mediation. If it is not, the mediation may be vacated and the action called on for directions, including about costs thrown away. The Court's usual order (UOC 7.4) sets the deadline at 4pm one month before the mediation.

When you need it

• The Court has ordered the parties to file a certificate of readiness before a mediation conference.
• Every party can truthfully give all five certifications on the form.

1. 1

   Add the heading

   The template is a short body text. Put it under the usual court heading with the action number and parties' names.

2. 2

   Confirm subpoenas and discovery

   Certify that no outstanding subpoenas, discovery or other document requests will prevent the mediation proceeding as scheduled.

3. 3

   Confirm expert evidence

   Certify that no outstanding expert evidence will prevent the mediation proceeding.

4. 4

   Confirm attendance

   Certify that the people required to attend are available in person or, if personal attendance has been dispensed with, that the party can meet any conditions of the dispensation.

5. 5

   Confirm insurance and interlocutory issues

   Certify that there are no outstanding insurance issues or interlocutory disputes that will prevent the mediation proceeding.

6. 6

   Sign

   The form provides for signature by the legal representatives for each party.

• File by the date in the Court's order; the usual order is by 4pm one month before the mediation conference (UOC 7.4).
• Lawyers eLodge through the ECMS; self-represented parties who are not registered users may email districtcourt@justice.wa.gov.au or lodge at the registry (PNC 1.2.1).
• If any party does not comply, the mediation conference may be vacated and the action called on for a directions hearing (UOC 7.4; PNC 7.3.6).

• Do not certify readiness if a key report or subpoena return is still outstanding. Raise it early instead.
• Any application to adjourn a court mediation, including by consent order, must be made at least five clear working days before it, except in exceptional circumstances (PNC 7.3.2).
• A support person attending the mediation must give a written confidentiality undertaking on FC 5A, after notice to the Court at least 14 working days before (PNC 7.2.15).