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Shatter Speech: Minister’s Address to the meeting of European Judicial Network Contact Points and Central Authorities established under the Brussels 2A Regulation

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.