Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 97:

In page 45, after line 48, but in Part 4, to insert the following new section:51.—(1) Where the Authority admits a complaint pursuant to section 48and the main substance of the complaint is that the amount (or any part of the amount) of costs claimed by a legal practitioner in a bill of costs is excessive in a material respect and the Authority is of the opinion that the matter the subject of the complaint is capable of being resolved, the Authority may invite the complainant and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint.
(2) Where the complainant and the legal practitioner agree to make efforts to resolve the matter the subject of the complaint the Authority shall facilitate the resolution of the matters the subject of the complaint—

(a) by offering its assistance in resolving the matter; or
(b) by identifying other persons to the legal practitioner and the client who are willing to assist in resolving the matter, in an informal manner (which may include the referral of the dispute to mediation or other appropriate form of dispute resolution).

(3) In reckoning any period of time for the purposes of any limitation period in relation to the making of an application for adjudication of a bill of costs under Part 9which bill of costs is or has been the subject of a complaint under this Part, the period beginning on the making of a complaint to the Authority and ending 2 months after the complaint is determined under this Part shall be disregarded.
(4) Where pursuant to this section a dispute regarding a bill of costs between the client and the legal practitioner is resolved the client shall not thereafter be entitled to seek adjudication of the bill of costs under Part 9unless such adjudication forms part of the resolution.
(5) Having facilitated the resolution of the complaint pursuant to subsection (2)and having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint, the Authority, where it considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached, may give notice in writing to the client and the legal practitioner (and where appropriate any other person involved in attempting to resolve the dispute) that it proposes to conclude the dispute resolution process.
(6) The Authority shall not conclude the dispute resolution process under this section earlier than 30 days after the giving of notice under subsection (5).
(7) Where the Authority concludes the dispute resolution process under subsection (5)the complaint shall be deemed to be determined.
(8) Where a complaint under this section is deemed pursuant to subsection (7)to be determined such determination shall be without prejudice to any legal right of the client.".