Draft Mediation Bill 2012 remains unpublished despite being in the 2011 Programme for Government
Monday, 8thFebruary 2016: “The Mediators’ Institute of Ireland is calling on all parties and all candidates contesting the general election to commit to enacting the Mediation Bill as soon as possible after the 32ndDáil convenes on March 10th,” stated Sabine Walsh, President of the Mediators’ Institute of Ireland (MII) as she launched the MII’s awareness campaign to persuade all election candidates to expedite the enactment of the Mediation Bill.
“Last July, the MII met the Minister for Justice and the Justice Spokespersons of the major opposition parties. They all acknowledged the Bill would deliver significant benefits to the general public, the State, organisations and businesses across the country and they committed to supporting the enactment of the Bill. Throughout its term of office the government repeatedly listed the Mediation Bill for publication at the opening of each Dáil session. Both Ministers of Justice, during the 31stDáil, went on the record to commit to the publication and enactment of the Bill. However, although the MII understands that the Bill is largely complete, it has remained unpublished”, said Ms Walsh.
The Mediation Bill was listed in the 2011 Programme for Government and the Draft General Scheme of Mediation Bill was published in 2012. The Programme for Government called for the encouragement and facilitation of mediation to resolve civil disputes. The programme stated that mediation would deliver significant cost and time savings for individuals, businesses and the State. The MII has estimated that legal costs of civil cases amounted to €1.17 billion in 2011 alone – a huge figure considering the on-going difficult financial situation. President Walsh also pointed to the cost savings that have been identified by Tom Ward, Chief Clerk of the Dublin Circuit and District Courts. 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 Walsh.
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 Justice http://www.justice.ie/en/JELR/MedBillGSFinal.pdf/Files/MedBillGSFinal.pdf
The Government's Legislative Programme for the autumn session, which was posted on the Department of the Taoiseach's website on 22.09.2015 (http://www.taoiseach.gov.ie/eng/Taoiseach_and_Government/Government_Legislation_Programme/) lists the Mediation Bill at No. 59 in their B List –“Bills for which Heads of Bill have been agreed and text is being prepared”. However, they gave its expected publication date as 2016.
About The Mediators’
Its registration number is 418250.
Registered Office: Unit 2.1 , The Distillers Building, Smithfield, Dublin 7,
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 Stiofán Nutty at +353 87 6175488
The MII accredits mediation training courses which meet set training standards.
The purpose of CPD is to ensure that Mediators keep their knowledge and skills up to date for the benefit of users of their service and for their own personal and professional development.