MII President points to the proven substantial cost savings that are being missed due to delay in enacting Bill
Wednesday, 22nd January 2014 – During his address to last night’s meeting of the Council of the Mediators’ Institute of Ireland,President of the MII Gerry Rooney expressed concern at further delays with the publication of the long awaited Mediation Bill.
“The Draft General Scheme of Mediation Bill was published in 2012. This time last year the government listed the Mediation Bill for publication in late 2013. In April 2013, Minister Shatter stated that the Bill would be published in early 2014. As recently as December 10thlast, Minister Shatter confirmed to the Dáil that the Bill was at an advanced state of drafting and that he intended to publish the Mediation Bill in early 2014. The Minister also stated that he looked forward to the enactment of the Bill in 2014. So it was with surprise and concern that I learned from last week’s Government Legislative Programme that publication of the Mediation Bill has been further delayed until late 2014”, stated Mr Rooney.
“During his contribution to the Dáil on December 10th Minister Shatter pointed to the major benefits that would be delivered to the courts system and society at large with the enactment of the Bill through increased use of mediation to resolve disputes” said President Rooney “I welcome the Minister’s long held commitment to mediation and appeal to him to do all in his power now to ensure that the Bill is both published and enacted in 2014.”
President Rooney pointed to the cost savings that were outlined by Tom Ward, Chief Clerk of the Dublin Circuit and District Courts at MII’s recent Annual Conference. Mr Ward reported that a pilot mediation programme that ended on 31 August 2013 resulted in 831 concluded agreements, which resulted in saving an estimated 11.33% of court sitting time and annual savings of €119,476 in courts service costs plus €225,164 in legal and board costs. “We urgently need enactment of the Mediation Bill to make these cost savings widely available as well as delivering faster and better quality outcomes for those involved in disputes”, concluded President Rooney.
Draft Mediation Bill 2012
Please follow this link to a copy of the draft version of the Bill which can also be found on the website of the Department of Justicehttp://www.justice.ie/en/JELR/MedBillGSFinal.pdf/Files/MedBillGSFinal.pdf
The Government's Legislative Programme for the Spring/Summer session 2014, which was posted on the Department of the Taoiseach's website on 15.01.2014(http://www.taoiseach.gov.ie/eng/Taoiseach_and_Government/Government_Legislation_Programme/SECTION_B1.html) lists the Mediation Bill in the B List at No. 62 - Bills for which Heads of Bill have been agreed and text is being prepared and expected publication date as late 2014.
The Programme for Government calls for the encouragement and facilitation of mediation to resolve civil disputes. The programme states that mediation will deliver significant cost and time savings for businesses and the State, and the MII has demonstrated significant savings can be made through mediation. The MII estimates that legal costs in relation to civil cases in 2011 are estimated to have been €1.17 billion – a huge figure considering our current financial situation. This figure is calculated from figures contained in the 2011 Court’s Services Annual Report. The formula takes costs claimed by the winning party, multiplies this by two to get the costs for both sides of the case and then takes account of the fact that 90 per cent of civil cases are settled before Court. The MII has estimated that litigation costs relating to civil cases in 2010 was €1.3 billion and in 2009 it was €1.2 billion.
About The Mediators’ Institute of Ireland
The Mediators’ Institute of Ireland is the professional association for Mediators in Ireland. It is a not-for-profit organisation whose mission is to promote the use of quality mediation by ensuring the highest standards of education, training, professional practice and regulation.
The Mediators' Institute of Ireland is a company limited by guarantee and registered in Dublin, Ireland.
Its registration number is 418250.
Registered Office: 31/32 Fitzwilliam Square South, Dublin 2, Ireland. Registered Charity CHY16996.
Mediation is a voluntary process of conflict prevention and resolution that allows the parties an opportunity to address their issues in a confidential, private, and safe environment. Mediators are trained in conflict resolution skills and techniques and have the expertise needed to give people the best possible opportunity to resolve their disputes.
Mediation is effective:
The mediation process improves communication, narrows outstanding issues, defuses emotions and defines areas of agreement. Statistics show a success rate for mediation averaging 80 per cent.
For further information see www.themii.ie or contact The MII PR Director Stiofán Nutty at +353 87 6175488