MII Welcomes Mediation Success in Settling IBRC Action


MII Welcomes Mediation Success in Settling IBRC Action


MII presses for Mediation Bill to be published and enacted.

Thursday, 2nd April 2015: “The success of mediation in delivering a settlement of the Irish Bank Resolution Corporation (IBRC) High Court action against a number of former directors of the Irish Nationwide Building Society, proves the efficacy and effectiveness of mediation in high level commercial disputes,” stated Gerry Rooney, President of the Mediators’ Institute of Ireland (MII) who was commenting on the reported settlement this week of the IBRC’s High Court action*.

 “This success proves again the power of mediation and underlines the need to ensure that there is no further delay with the publication of the Mediation Bill so that mediation becomes ever more available to the citizens, organisations and businesses of Ireland”, 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.”


* Irish Times Report

Please follow this link to Irish Times Report http://www.irishtimes.com/business/financial-services/ibrc-settles-action-against-former-nationwide-directors-1.2160680


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.

About Mediation

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