Dermot Ahern (Louth, Fianna Fail)

I appreciate the sentiments expressed by the Senator. We tried to take many of the amendments tabled by Senators into account. Some of the amendments relating to house rules were probably a little impractical. As I said, we have tried to amend them as much as possible and I think we have achieved a good balance.

The amendments in the eighth group deal with the mediation provisions contained in the Bill. Section 24(5) currently provides that the notes of the chairperson of the mediation conference are confidential. Section 25 allows the courts to take account of the actions of the parties in determining costs. This could give rise to a difficulty, as the mediator would not be in a position under section 24(5) to inform the courts of any difficulties arising from the behaviour of a party at a mediation conference. In order to address this issue, I tabled amendments Nos. 87 to 89, inclusive. Amendment No. 87 makes the confidentiality provision in section 24 subject to the provision in section 25. Amendment No. 88 provides that the report of the chairperson of the mediation conference may state whether the failure to reach a settlement at the conference was substantially due to the conduct of a particular party or parties. Amendment No. 89 provides that the court can take this matter into account when determining the costs of an application. The underlying objective is to ensure disputes can be resolved by the use of means of mediation. Any lack of serious engagement in the process by one of the parties can be taken into account by the Circuit Court when determining costs. My hope is this provision will be an incentive to make a full and bona fide commitment to the mediation option, thereby reducing the costs involved for all parties.