Ladies and Gentlemen, it gives me great pleasure to be here today to open
this meeting of the European Judicial Network in civil and commercial
matters. I am very glad to be able to welcome you as representatives of
your Member States to Dublin for this important civil law event of the
Irish Presidency. I would also like to extend a warm welcome to Mrs.
Michou and her team, all of whom have worked hard with officials of my
Department to make this event possible.
Together, you represent a wide array of cultural and legal traditions,
working together in a concrete fashion to facilitate judicial co-operation
between the Member States in relevant matters. The work which is
undertaken by you supports the free movement of goods, capital, services
and people, and thus you too play a part in supporting Europe’s economy at
this difficult time. The theme of Justice for Growth has dominated our
efforts throughout Ireland’s Presidency, and I would like to acknowledge
the part which you play in supporting the wider economy of the EU.
You have a very full meeting agenda. Among the topics for discussion, I
note that there is to be a presentation later today of a study evaluating
the implementation of the 2008 Directive on certain aspects of mediation in
civil and commercial matters I also note that tomorrow’s agenda includes a
presentation by the Working Group on Family Mediation concerning family
mediation in cases of international child abduction.
Mediation, and particularly family mediation, is a subject in which I have
a great interest. There is a growing recognition that the objective of
ensuring effective access to justice can often be achieved in ways that
parallel and complement the traditional system of court-based litigation.
I am pleased, therefore, to see an increasing trend towards the use of
mediation as a tool for the resolution of civil disputes both in this
country and internationally. The fact that a Mediation Directive has been
in force throughout the EU since 2011 provides ample evidence of this
increasing international dimension.
As you well know, a key objective of the Directive is to facilitate better
access to justice by promoting the use of mediation. In a global
environment, the benefits which attach to mediation can be considerable.
The Directive recognises and acknowledges the fact that mediation is an
inherently flexible process, and that an overly prescriptive approach to it
should be avoided. This reflects the fact that mediation can arise in very
diverse situations. In certain contexts, it may be more attractive to
resolve disputes outside the traditional court mechanisms. But, at the
same time, parties may want the security that any agreement reached can be
enforced, even if enforcement is to take place in another country. This
is primarily where the advantages of the Mediation Directive lie, given
that it contains a number of important provisions dealing with the
enforceability of mediation settlements, the admissibility of evidence in
civil proceedings and the suspension of the limitation period.
The EU Directive, of course, only applies in a cross-border context. In
the domestic sphere it is my intention to bring forward, shortly, a
broadly-based Mediation Bill to promote mediation as a viable, effective
and efficient alternative to court proceedings, thereby reducing legal
costs and speeding up the resolution of disputes. The legislation, which is
currently being drafted, will introduce an obligation on solicitors and
barristers to advise any person wishing to commence court proceedings to
consider mediation as a means of resolving a dispute before embarking on
such proceedings. It will also provide that a court may, on its own
initiative and following the commencement of proceedings, invite parties to
consider mediation and suspend proceedings to facilitate the mediation
process.
Within the Irish courts system, new rules to promote mediation and
conciliation in proceedings in the High and Supreme Courts have been in
force since 2010. These rules provide for a mechanism similar to the type
used extensively in our Commercial Court, whereby a judge can invite the
parties to engage in ADR. The provisions specify that the refusal or
failure without good reason of a party to participate in mediation or
conciliation may be taken into account by the court when awarding costs.
The aim of this measure is to minimise the cost of proceedings and to
ensure that court resources are employed in an optimal manner.
There is an ever-growing consciousness both of the need to promote a more
structured approach to ADR in the legal system and of the challenges which
must be met to ensure that ADR can flourish within that system. There is
general support and goodwill for the wider use of ADR and I am confident
that future developments in this area, such as the Mediation Bill to which
I have just referred, will capitalise and expand upon the achievements
which have been realised to date so that Ireland’s capacity to offer
enhanced ADR services across a wide range of sectors will deepen and grow.
Another significant element of this gathering is the meeting of the Central
Authorities established under the Brussels 2A Regulation on jurisdiction
and the recognition and enforcement of judgments in matrimonial matters and
the matters of parental responsibility. I regret that I have another
commitment tomorrow which prevents me being here for the presentation of
your national experiences on the application of the Regulation and on
cooperation between the Central Authorities in matters of parental
responsibility. I think it will be an interesting discussion of a very
important topic which has set the standard where European Union family law
is concerned.
Matters of parental responsibility lie at the very heart of our society and
the role of the European Union in family law matters is significant in an
environment where families, parents and children move freely from one
country to another. Establishing which country has jurisdiction to hear a
particular case, and ensuring that decisions made in one country can be
implemented in another are vital elements in ensuring freedom of movement
within the Union, and in bolstering personal and economic freedom. In
particular, EU rules in relation to custody and access play an important
role in ensuring the protection of children when they are at a particularly
vulnerable stage in their lives. As Central Authorities the work you do
is invaluable, although at times it must be both challenging and
distressing.
In considering matters relating to parental responsibility money matters
can often come to the fore. I am conscious that many of you here today in
your capacity as Central Authorities established under the Brussels 2a
Regulation also fulfill the function of Central Authority under Regulation
4/2009 on jurisdiction, applicable law, recognition and enforcement of
decisions and co-operation in matters relating to maintenance obligations.
This is a very important instrument and, while it has been in operation for
a mere two years, the principle of cooperation which it enshrines will,
I
am sure, have a an ever-growing and positive impact in terms of
facilitating maintenance recovery within the EU.
Finally, I would like to refer briefly to an instrument which will, in the
future, have implications for vulnerable persons and families and on which
agreement was reached during the Irish Presidency. The Regulation on
mutual recognition of protection measures in civil matters will mean that a
protection order, such as a barring or safety order, obtained by a victim
of domestic violence in one Member State will be recognised and enforceable
in other Member States. This measure is part of the European
Commission’s victims’ package and will enable victims of domestic violence
to travel around Europe in safety, sometimes for the first time in many
years. To put it in context, a person who has been the victim of an
abusive partner and found the courage to seek help and protection from the
authorities will now be able to enjoy the safety of that protection in
other Member States. This will give them the freedom to visit family
abroad, or even to relocate without further risking their safety or having
to go through additional court processes in other countries. It is
difficult to overstate the difference that this measure will make to the
lives of some women, and also men, and their families. This measure is
complementary to a similar measure targeting protection orders in criminal
matters, both of which should come into effect across the EU within the
next two years.
In conclusion, I would like to express once again my pleasure in being here
to open this meeting of Contact Points and Central Authorities. I wish you
well in your deliberations and, to those of you who are staying in Ireland
for a few days after the conclusion of the meeting, I hope you enjoy
yourselves and have a lovely weekend.