merrion street

I am pleased to be here today to formally open this impressive centre and I

thank the Dublin Dispute Resolution Centre for inviting me.

The term “Alternative Dispute Resolution”, commonly referred to as ADR,

embraces a number of processes such as arbitration, conciliation and

mediation. The fact that this centre provides a ‘one-stop-shop’ for

dispute resolution and can cater for a range of processes including

arbitrations, mediations, conciliations, adjudications and other forms of

ADR is a testament to the foresight of the Bar Council, Arbitration Ireland

and the Chartered Institute of Arbitrators in setting up this venture.

I am delighted that my Department was in a position to tangibly demonstrate

its support for the re-development of the existing Arbitration Centre into

the Dublin Dispute Resolution Centre as you see it today by providing, in

2010, a grant of €50,000 towards the cost of refurbishment. As you know,

both my Department and the Office of the Attorney General have invested

heavily in policy and legislative terms in order to ensure that Ireland is

positioned, from a legal framework perspective, at the forefront of

arbitration process worldwide. We have a legislative framework in the

arbitration area which stands comparison with the best in the world and we

are an English speaking nation with a robust common law and constitutional

framework which is readily understood by those who do business both in

Ireland and internationally. For this reason I am very pleased to see the

re-development of the centre in its current form as it facilitates Ireland

in leveraging its investment in this area and it will I believe, deliver a

range of downstream benefits, over time, for our country.

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 believe

ADR mechanisms have the capability to satisfy demands for dispute solutions

which are non-judicial in nature.

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

given effect throughout the EU since 2011 provides ample evidence of an

increasing international dimension.

While the Directive has been given effect here in the European Communities

(Mediation) Regulations 2011, 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, following the

commencement of proceedings, on its own initiative invite parties to

consider mediation and suspend the proceedings to facilitate the mediation

process.

On the issue of arbitration, I believe that it carries with it certain

well-recognised and inherent advantages such as confidentiality, speed of

resolution and finality which may well commend itself to parties,

especially those who wish to maintain a commercial relationship well into

the future. For such parties, arbitration allows for solutions which

maximise privacy, provide the requisite flexibility and enable arbitrators

to be chosen whose skills and experience match the dispute. Perhaps most

importantly of all, there is the guarantee of enforceability which attaches

to arbitration awards by virtue of the various international conventions

which are in force in this area, most notably the New York Convention which

celebrated its fiftieth anniversary in 2008.

Since 2010, Ireland has had a modern Arbitration Act – the Arbitration Act

2010 – which applies the Model Law on arbitration to all arbitrations which

take place within the State. As such, it espouses key principles which are

especially important to large-scale commercial arbitrations such as party

autonomy and a court intervention system which is supportive of arbitration

but which aims at minimal interference in the overall process.

Ireland is a trade dependent country and I fully understand the importance

of arbitration to the international trading community. I also understand

that arbitration business is extremely mobile and, against that background,

I see no reason why Ireland should not develop as an arbitration centre of

note on the international stage. In support of that aim, we now have a

modern and rigorous arbitration code which is fully in tune with best

international practice. We also provide a single legislative reference

point for all arbitrations thereby offering a significant measure of

transparency for those who wish to have their dispute arbitrated in this

jurisdiction. With the opening of this centre we now have a purpose built

environment which can cater for ADR processes both nationally and

internationally.

Within the courts system, new rules to promote mediation and conciliation

in proceedings in the Superior Courts have been in force since 2010. These

rules provide for a mechanism similar to the type used extensively in the

Commercial Court whereby a judge can order 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 the proceedings and to ensure that the time and other resources

of the court are employed optimally.

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, 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.

In that context, the Dublin Dispute Resolution Centre will, I believe,

prove to be a valuable resource for those wishing to engage in ADR. The

establishment of this centre is a demonstration of confidence in our own

future and indicative of the type of entrepreneurial thinking and “eye for

the opportunity” that Ireland needs as it continues to surmount the

challenges that it faces. I congratulate those involved in the Centre for

their forward thinking in this area and wish them well with their

endeavours.

Thank you