David Stanton (Cork East, Fine Gael) | Oireachtas source

8 o’clock

I thank Deputies for their constructive comments on this important Bill. As mentioned at the outset, its general objective is to promote mediation as a viable, effective and efficient alternative to court proceedings. Its enactment will help to reduce legal costs, speed up the resolution of disputes and reduce stress levels for all the parties. The Bill is also part of the Government’s broader strategy to promote the increased use of alternative dispute resolution mechanisms and to reduce legal costs.

As Deputy O'Callaghan said, the Bill contains two key provisions relating to obligations on solicitors and barristers as regards mediation. Section 14 will require practising solicitors to advise clients to consider mediation as an alternative to court proceedings. Under section 4, solicitors must provide clients with information on mediation services, including details of mediators, information about the advantages and benefits of mediation, and information on confidentiality obligations and the enforceability of mediation settlements. To ensure that this requirement is met, the section provides that where court proceedings are instituted on behalf of a client, the application must be accompanied by a statutory declaration made by the solicitor confirming that these obligations have been discharged in respect of the client and the proceedings to which the declaration relates. If the declaration is not submitted, the court will adjourn the proceedings until the solicitor complies with the requirements. This is intended to ensure that the obligation is taken seriously. I agree with Deputy O'Callaghan's emphasis on the voluntary nature of mediation. The right of access to the courts must be recognised even if mediation is promoted and encouraged. That is important.

The Bill also takes account of certain matters raised by the Joint Committee on Justice, Equality and Defence hearings following its pre-legislative scrutiny of the general scheme, including the matter of regulation of the sector. I chaired those hearings at the time and I thank all the bodies and individuals that offered information, scrutinised the Bill and appeared before the committee to engage with members. This led to the Bill being improved as a consequence. That is the way that pre-legislative scrutiny should work.

I am somewhat concerned that certain Bills are going through the House at the moment - especially Private Members' Bills - which are not being scrutinised in that way. That is a pity because they could otherwise be improved and enhanced by using this methodology. I ask all colleagues to take account of that.

Arising from the committee’s observations, further discussions were held with the mediation sector. The Bill now provides for the possible future establishment of a mediation council to undertake the functions set out in the Schedule to the Bill. This is an opportunity for the various parts of the mediation sector to join forces in order to promote mediation and develop mediation standards.

I have taken into account what Deputy Fitzpatrick said about standards, accountability and qualifications. I look forward to engaging with the sector on this aspect as the legislation proceeds through the Dáil.

I commend the Bill to the House.

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