Mediation Motion

02/04/2015
Question Posed To: 
Minister for Justice & Equality

That Seanad Éireann:

acknowledges the Government’s commitment to further develop and expand mediation services throughout the State;

notes the transformative element of mediation in civil proceedings whereby parties in a dispute take responsibility for their disputes and actions so that relationships are maintained; in private; quickly; and with dignity;

recognises the widely accepted time and cost savings offered by mediation;

recognises the experience and positive outcomes associated with mediation internationally as a practical means to resolve disputes and the EU Directive on Mediation which is now applicable in EU member states;

acknowledges and affirms the work of the Law Reform Commission’s report on Alternative Dispute Resolution: Mediation and Conciliation;

notes the provisions of the Draft General Scheme of the Mediation Bill 2012 which implements many of the Law Reform Commission's recommendations for a Mediation and Conciliation Act, in particular the introduction of a duty on solicitors and barristers to advise clients of the possible use of mediation as an alternative to litigation to resolve the dispute prior to commencing proceedings;

acknowledges the pre-legislative scrutiny undertaken by the Joint Oireachtas Committee on Justice Defence and Equality on the General Scheme of the Mediation Bill in 2012 and the recommendations contained in the committee’s report;

calls on the Government;

to commit to the publication of the Mediation Bill which incorporates the comprehensive recommendations of the Justice Committee to ensure that the many advantages of effective mediation are more widely available to resolve civil, commercial and family disputes.