Dermot Ahern (Louth, Fianna Fail)

We examined recent provisions in the Civil Liability Act and concluded they would be reasonably applicable in this type of case. I do not propose to introduce regulations governing how the mediation should be organised, as this matter is best left to those involved who have the necessary expertise. I am aware of a significant shift, particularly among those in the legal profession, towards the use of mediation and alternative dispute resolution mechanisms. The section provides a sufficient overview to enable matters to proceed in these circumstances.

As I stated, the purpose of my amendment is to encourage dispute resolution through mediation rather than in the a court with a judge determining the outcome. The former option is preferable. The amendment will encourage the Judiciary to insist that people participate in mediation before a matter can come before the courts again. If the Senator wishes to be more specific as to what she wishes us to do, perhaps she will table an amendment on Report Stage.