Michael Mullins (Fine Gael) | Oireachtas source

-----that they used mediation to resolve their differences. Mediation is a flexible process that is conducted confidentially, in which a third party assists the parties to a dispute in working towards a negotiated settlement. As Senator Jim D’Arcy said, the outcome, hopefully, is much more amicable and the parties can build on the goodwill that emerges through the successful resolution of disputes through mediation.

Another very significant issue in the achievement of a mutually agreeable resolution through mediation is that it can yield significant cost savings compared to litigation and arbitration, which might otherwise have been pursued. We all know the huge cost of going to court. Very often, parties who end up in court discover, much to their cost, that the vast bulk of what they were arguing about goes to the legal profession in trying to resolve matters, whereas if they had got around a table with a third party, mediation could have resulted in a much more satisfactory outcome. The cost implications and the resolution of contentious matters that can be achieved through the mediation process make it worthwhile.

The mediation process improves communications, narrows outstanding issues, defuses emotions and defines areas of agreement. Sometimes it can play a very important role even if the issue ends up in court. The mediation process can help to narrow the difference between parties, and even when it takes court involvement to achieve a final outcome, the mediation process is recognised as making a very valuable contribution towards the ultimate resolution of issues.

Although he has endured much criticism in his time, it would be appropriate to pay tribute to the former Minister for Justice and Equality, Deputy Shatter, for the publication of the mediation Bill in draft form, and to recognise the fine work done by the Joint Committee on Justice, Defence and Equality on the issue. Like other speakers, I urge the Minister of State to ensure there is urgency in the introduction of the legislation, as it has a major contribution to make towards a much better understanding between people in dispute.

The regulation issue, to which reference has been made is important. It is important that there is a proper register to ensure that those operating as mediators have the proper skills and training to deliver proper and satisfactory outcomes to the clients to whom they provide a service. All in all, what is proposed is very positive. I again commend Senator Conway on helping to table the motion. I hope that before the end of this year we will see significant developments in the legislative process.