I am pleased to be here today, at the Independent Colleges Dublin, to launch this new initiative – the Mediation Clinic – and I thank the School of Dispute Resolution for the invitation.
I am, and always have been, a great believer in the use of Alternative Dispute Resolution. The term “Alternative Dispute Resolution”, commonly referred to as ADR, embraces a number of processes such as arbitration, conciliation and mediation.
I believe that 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 Ireland now has its first academic school, here in Independent Colleges Dublin, which is dedicated to academic excellence in the field of dispute resolution is, I believe, further evidence of the increasing role of ADR in resolving disputes in the civil and commercial sectors. I congratulate all those involved in the establishment and operation of this school and wish them well in their endeavours.
As you will know, a Mediation Directive has been given effect throughout the EU since 2011 which provides ample evidence of an increasing international dimension to the use of mediation as a tool for resolving disputes.
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.
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.
A key aspect of the Mediation Bill will be to promote and encourage the use of mediation in the resolution of civil disputes. That is why I was happy to accept the kind invitation to launch this project which has as its objective to increase awareness of mediation.
The launch of the Mediation Clinic, which will provide members of the public with a free information session on mediation, will, I believe, prove enormously valuable in the context of the promotion of mediation. In addition, the experience gained by the students in presenting these information sessions will, I am sure, prove to be extremely beneficial in their later work as mediators.
I need hardly state that I will be most interested in any feedback you may be able to provide on the operation of the Mediation Clinic.
Once again, I thank Nicola and the faculty of the School for Dispute Resolution at Independent Colleges Dublin for their kind invitation to launch the Mediation Clinic. I congratulate them on their initiative in setting up the clinic and wish them, and all who participate in the information sessions, well.