Jim D'Arcy (Fine Gael) | Oireachtas source

Mediation assists parties embroiled in disputes to resolve matters their own way, to find a solution that all of them can live with and, most important, it gives the parties an avenue to allow them to continue to do business together, as they have reached a solution together. It also allows parties to regain trust in each other and to know they can continue to interact and work together while also enabling them to find common ground.

When parties engage in litigation, the pleadings to ground the case can be bitter and this leads to difficulties in areas where there was no dispute originally. Mediation takes parties away from the battleground of litigation to a neutral venue and it is also more economic for the State because legal proceedings can often be a heavy burden for the State to carry, especially when the Legal Aid Board is involved in civil family law proceedings. The board has a massive caseload and most of its solicitor or barristers are in court on numerous occasions dealing with preliminary applications. Mediation avoid this time wasting and gets to the point of the dispute.

As Senator O'Donovan said, it is timely to discuss this issue today given the case involving the famous golfer. After all the brouhaha and publicity in the media, he is sorting it out through mediation. If we can regulate mediation through legislation, as Senator Bacik said, we could become a European or world centre for mediation and arbitration, as we are respected throughout the world in that regard. It would be an important step forward.

Unlike Senator O'Donovan, I would not criticise for not having the Bill on the A list. There is a huge legislative programme but it is important to deal with the Bill, hopefully in the lifetime of the Government. It would be a great achievement and it would be great it if it were introduced in the Seanad.

There is a need, as previous speakers said, for the registration and regulation of all mediators. A person cannot just do a weekend course and say, "Here I am now. I am ready to solve the world's problems. Bring them to me". Mediation must be properly regulated. Training and accreditation needs to be professionally aligned and regulated. Currently, there are more than 40 mediation training bodies in the State providing courses ranging from one day tuition to masters programmes. Between 1,500 and 2,000 mediators are turned out annually with little or no opportunity to practice or gain experience. The driver to train in most instances is to support funding requirements for organisations. Training must be regulated and must not be left to vested interests.

Many bodies have been mentioned. Representatives of the Chartered Institute of Arbitrators are in the Visitors Gallery. They are interested in the debate and the progress of the Bill.

The Chartered Institute of Arbitrators is represented in the Gallery today. Its members are very interested in this debate and the progress of the Bill. They are very concerned about the quality of training offered to accredit mediators. The idea that one can spend 40 hours or 60 hours in training, after which, following an assessment, one can advertise as a mediator is of serious concern. I urge the Minister of State to use his best offices and to speak to the powers that be to get the Bill into the Seanad as soon as possible.