“I welcome the announcement by the Minister of Justice, reported by the Fine Gael Seanad Spokesperson on Justice, Senator Martin Conway, that she intends to proceed with the enactment of legislation to promote mediation as a viable, effective and efficient adjunct to court proceedings ,” according to Gerry Rooney, President of the Mediators’ Institute of Ireland (MII) who was commenting on Senator Conway’s Private Members’ Motion on Mediation in the Seanad yesterday and associated press release issued by Senator Conway.*
“Although there has been continued slippage in the scheduled date for publication of the Mediation Bill, The MII welcomes Minister Fitzgerald’s commitment to enact the Bill”, commented Gerry Rooney, President of The Mediators’ Institute of Ireland (The MII). “The enactment of the Bill has the potential to divert many civil and commercial disputes from our courts and save billions in the process.” He added, “The MII is anxious to see the Bill published as soon as possible to enable the government enact the legislation during their term of office and deliver on a key element in the Programme for Government. We view the Bill as a very positive step in encouraging parties and their legal advisors to consider mediation for Civil and Commercial disputes.”
“I also particularly wish to thank Senator Conway for his positive promotion of mediation on the floor of the Seanad” said MII President Gerry Rooney.
* Senator Martin Conway Press Release
Please follow this link for a copy of Fine Gael Seanad Spokesperson on Justice Martin Conway’s Press Release referenced above http://www.martinconway.ie/politics/mediation-can-provide-great-opportunity-resolve-disputes-conway
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 Spring session, which was posted on the Department of the Taoiseach's website on 14.01.2015 (http://www.taoiseach.gov.ie/eng/Taoiseach_and_Government/Government_Legislation_Programme/ ) lists the Mediation Bill at No. 61 in their B List - Bills for which Heads of Bill have been agreed and text is being prepared. However, they give its expected publication date as late 2015.
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:
• In single-issue and multi-issue disputes
• In two-people and multi-party conflicts
• In developing innovative and sustainable solutions when parties are willing but stuck
• As a preventative intervention early in a conflict
• As an alternative to avoid further costly public litigation
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