Ivana Bacik (Independent)

I move amendment No. 50:

In page 20, to delete lines 38 to 46, to delete page 21 and in page 22, to delete lines 1 to 9 and substitute the following:

"22.—(1) (a) Upon the request of any party to an application under section 19, the court may at any stage during the course of the proceedings (including immediately after the issue of the proceedings), if it considers that an Alternative Dispute Resolution Procedure pursuant to a direction under this subsection would assist in reaching a resolution of the matter, direct that the parties to the application meet to discuss and attempt to settle the matter by an Alternative Dispute Procedure.

(b) A procedure held pursuant to a direction under this subsection is in this Act referred to as an "Alternative Dispute Procedure".

(2) Where the court gives a direction under subsection (1), each party to the application concerned shall comply with that direction.

(3) An Alternative Dispute Procedure shall take place—

(a) at a time and place agreed by the parties to the application concerned, or

(b) where the parties do not agree a time and place, at a time and place specified by the court.

(4) There shall be a chairperson of the Alternative Dispute Procedure who shall—

(a) be a person appointed by agreement of all the parties to the application concerned, or

(b) where no such agreement is reached—

(i) be a person appointed by the court, or

(ii) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister.

(5) The notes of the chairperson of an Alternative Dispute Procedure and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal.

(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by the party to the application in such proportion as the Chairperson shall decide, or as the court hearing the action shall direct.

23.—(1) The chairperson of the Alternative Dispute Procedure shall prepare and submit to the court hearing the application under section 19 a report, which shall set out—

(a) where the procedure did not take place, a statement of the reasons as to why it did not take place, or

(b) where the procedure did take place—

(i) a statement as to whether or not a resolution has been reached in respect of the application, and

(ii) where a settlement or determination has been entered into, a statement of the terms of the settlement signed by the parties thereto or terms of the determination, signed by the Chairperson, as applicable.

(2) A copy of a report prepared under subsection (1) shall be given to each party to the application at the same time as it is submitted to the court under that subsection.

(3) At the conclusion of the hearing of an application under section 19, the court may—

(a) after hearing submissions by or on behalf of the parties to the application, and

(b) if satisfied that a party to the application failed to comply with a direction under section 22(1), make an order directing that party to pay the costs of the application, or such part of the costs of the application as the court directs, incurred after the giving of the direction under section 22(1).

24.—(1) The Minister may make regulations providing for any matter of procedures, including Alternative Dispute Procedures in relation to applications under sections 22 and 23 and making such incidental, consequential or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of section 22.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) specify the time at which applications under section 22 may be made, the manner in which those applications shall be made and the particulars they shall contain,

(b) require applicants to furnish to the court any specified information with respect to their applications (including any information regarding any estate or interest in or right over land),

(c) require applicants to submit to a court any further information relevant to their applications (including any information as to any such estate, interest or right),

(d) require the production of any evidence to verify any particulars or information given by any applicant, and

(e) require the notification (in a prescribed manner) by planning authorities of decisions on applications,

(f) set out Alternative Dispute Procedures, and mechanisms for procedure selection in default of agreement between the parties, including a schedule of nominating authorities of Chairperson of the Alternative Dispute Procedure in default of agreement. Such Alternative Dispute Procedures may include; mediation, conciliation, arbitration, expert determination and stepped procedures (limited to two steps).".

This amendment proposes to delete sections 22 and 23 which deal with mediation conferences and replace them with new provisions in respect of dispute resolution. In essence, it is to try to provide for a speedier and more cost-effective method of dispute resolution, rather than having to go to court. It is something the architects' body has been strongly advocating. Earlier in the debate the Minister said he agreed in principle on the need to provide for a specific alternative means of dispute resolution other than going to court. The Bill is over-reliant on the court as a means of resolving disputes, for example, in the application of house rules and so on. The form of dispute resolution procedure proposed in the new sections 22 and 23 would be much more consumer-friendly. It would offer a much easier means of seeking redress to consumers — apartment owners and dwellers — where they considered their rights were being infringed upon. I ask the Minister to take on board the principle of the amendments we are suggesting. I am sorry he has not accepted them, but he may have something more to say on whether he will be able to table something similar in the Dáil.