Oireachtas Joint and Select Committees

Thursday, 18 December 2014

Public Accounts Committee

National Asset Management Agency Financial Statements 2013

11:00 am

Ms Aideen O'Reilly:

There is ongoing engagement with debtors at all levels and across the book by case managers supported by legal advice from my team. I think the Deputy's question is very much focused on cases that are in litigation or pre-litigation. One of the characteristics of the litigation that we or any other bank is involved in is that we tend to seek judgment for fixed sums. Quite a few cases are resolved speedily through the summary procedures in the Commercial Court and do not, therefore, go to plenary hearing. The issues can be quite net. In quite a number of cases judgment is granted on consent, so the defendants consent to the entry of judgment in a fixed sum. That tends to deal with quite a number of cases.

In relation to mediation, in some cases the court will suggest mediation and in other cases one or other party will suggest it. As Mr. McDonagh noted, we have never refused an offer of mediation and in certain cases we have suggested it. Mediation is quite a structured process. There are at least two professional mediation bodies and we would always choose an accredited mediator in consultation with the other party. The rules of the mediation are governed by a mediation agreement which both parties enter into with the mediator. It is the mediator who sets the rules and parameters of the mediation and both parties comply with these rules.

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