A draft general scheme of a Mediation Bill was published on 1 March 2012 by the Department of Justice. The aim of the proposed Bill is to encourage and facilitate the use of mediation in resolving civil, commercial and family disputes. It seeks to provide an effective and efficient alternative to litigation by reducing legal costs and speeding up the resolution of disputes.

As currently drafted, the scheme of the Bill:

• Introduces a new statutory obligation on solicitors and barristers to inform their clients, prior to commencing court proceedings on their behalf, about the possibility of using mediation as an alternative means of resolving the dispute
• Provides that all mediation related communications between parties shall be confidential
• Provides that it is for the parties themselves to determine the enforceability of any agreement reached as a result of the mediation
• Provides a statutory basis for the courts to invite parties to consider mediation and adjourn court proceedings while mediation is ongoing, echoing existing procedures in the court rules
• Introduces an obligation on mediators to provide the parties with information on their training and qualification.

The Bill contains a provision that allows parties to request the mediator, at any time during the mediation process, to make proposals to resolve the dispute, which the parties can then accept or reject. Such a request would effectively convert the process into a conciliation. Conciliation is a particularly popular mechanism for resolving disputes in the construction industry. This provision in the Bill is not expanded in detail and so is likely to be the subject of further debate as it is developed.

The Bill is not intended to replace existing systems for resolving disputes outside of the court system, such as those operated by the Employment Appeals Tribunal and the Labour Court in the employment field, or the Private Residential Tenancies Board in relation to landlord and tenant disputes.

The Minister intends to forward the draft Bill to the Joint Oireachtas Committee for Justice, Defence and Equality for its consideration prior to finalisation of the Bill for publication. The Committee will have until 1 June 2012 to revert to the Minister.

Contributed by Jarleth Heneghan and Cassandra Byrne.

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