Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am concerned that the proposed amendment would weaken the section and, therefore, the legislation. Part 3 deals with the obligations on practising solicitors and barristers as regards mediation and how the process will be addressed. Section 14 was drafted in the context of the overall objective of the legislation, which is to promote the use of mediation as an alternative to court proceedings. The section places an obligation on the lawyer to advise clients to consider mediation as a means of resolving a dispute and to provide information to clients on mediation services and their benefits.

This is consistent with the recommendation of the Law Reform Commission, LRC, in the draft Bill attached to its report. I fear that, however unintended it might be, Deputy Madigan's proposal in this amendment would weaken or dilute the obligation by merely requiring a solicitor to discuss the possibility of engaging in mediation. The legislation would not have an effect and, therefore, I cannot accept the amendment.

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