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Mediation Bill signed in Law

President Michael D. Higgins has signed into law the Mediation Bill which was published earlier this year.

Under the Act, practising solicitors and barristers are obliged to advise the parties to disputes to consider mediation as a means of resolving issues. If Court proceedings are commenced, it must be confirmed to the Court that the parties have been advised of and considered mediation.

Also under the Act, a Court, if it considers it appropriate, can invite the parties to deal with their dispute via mediation. Failure to take up this invitation can be taken into account by the Court following hearing of the case when deciding on the parties responsibilities for legal costs incurred.

The new Mediation Act makes provision for a cost effective alternative to Court proceedings which is a weclomed development. Mediation is a speedier process than Court proceedings. If it results in a successful outcome, the associated costs are much less than the legal costs of fully contested Court proceedings.

A Commencement Order and Mediation Code of Practice (provided for in the Act) are awaited.

The enacted of the Mediation Bill is timely, particularly as Mediation Awareness Week, which promotes the benefits of mediation runs from October 7th to October 14th 2017. Events are taking place nationwide. For further information, see www.mediationawarenessweek.ie.

For further infomation on Mediation Services available at Cashin & Associates Solictors click here.

3rd October  2017

This information is intended as a guide only and does not purport to be a legal interpretation. While every care is taken to ensure a quality service, Cashin & Associates does not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of information provided. Users are responsible for confirming information from the full text from published sources. 

 

Cashin & Associates Solicitors,
3 Francis Street, Ennis, Co. Clare, Ireland
Dublin Office: 64 Francis Street, Dublin 8
T: 00 353 65 6840060  F: 00 353 65 6840034
E: info@cashinlaw.com