Clare Daly (Dublin Fingal, Independent) | Oireachtas source

This is an important group of amendments for us. As Deputy Wallace said, the Law Reform Commission, the Law Society and the Mediators' Institute of Ireland are all keen that there would be some changes here, in particular with regard to the obligation in this section that mediators provide in their report to the court a statement of their opinion as to whether or not the parties fully engaged. This is way too subjective. Only a brief report needs to be presented as to whether or not meditation took place and whether a settlement was reached and, if so, what the terms of that settlement were.

It is important we include in the Bill the requirement that the report be a written one. That comes under amendment No. 33. Otherwise, we run the risk of much of the mediator's time being spent on court appearances and so on. A written report to the court, however, should be sufficient. It should be a neutral summary of the facts. It is important to include something because in awarding costs the courts can take into account any unreasonable refusal or failure of a party to consider or engage properly in mediation. I agree with Deputy Wallace's point that the mediator's report should one of advice and for the court decide whether it was unreasonable or not.

A normal statement should be a written statement to the court to be rubber stamped. That is an important point.