Martin Conway (Fine Gael) | Oireachtas source

Paul Bradford was the spokesperson on justice prior to my appointment at the time. I felt then that mediation had a long way to go in this country to come anywhere near what our European colleagues had to resolve disputes. I decided then to use the mechanisms available to Members to put down a Private Members' motion calling on the Government to develop legislation on mediation. I commend my colleague, Deputy Josepha Madigan, who was a Fine Gael councillor at the time, for being the only person in the country to have written a textbook on mediation. That textbook has certainly informed academic opinion on mediation. There are some very good courses on mediation in some of our third level institutions, in particular in Maynooth University, which are informed by the work done by Deputy Madigan in a former life. Her assistance to me in drafting that Private Members' motion to promote mediation was very useful and we received a great deal of media coverage. I think it was 2013 or possibly 2014. While the Bill is late, therefore, it is very welcome.

With his own experience in the legal profession over many years, the Minister, Deputy Flanagan, sees the merits of mediation. There are others in the legal profession, however, who see it as a threat. We have high legal fees and one way to deal with that is by promoting mediation. Senator Boyhan expressed concern about the declaration from solicitors but the Bill provides that they are required to provide the certificate and that a case will be adjourned until that is done. Senator Boyhan's concerns are genuine, but the matter is covered in the Bill. I just wanted to point that out before the Senator left the Chamber.

In terms of what mediation can achieve, we have a long way to go before we are in line with our European counterparts. Certainly, a code of practice as required by the Bill is important. A mediation council, to which the legislation aspires, is something that should be put in place in early course. If there was an effective, well-funded, properly resourced and well-informed mediation council, it could set a code of ethics. Any code of ethics is an evolving document which is always being improved. While it is an aspiration within the legislation, I urge the Minister to set up a mediation council to take charge of the area in early course.

I am glad barristers are being included because the legal profession has resisted change more than most other professions. It is not in the cultural thinking of the profession to embrace and engage with change, but this is change that is necessary to ensure we are competitive and that there are other options outside litigation to be explored. The funny thing about mediation is that it has remarkable successes. When an independent individual is involved, listens to both sides and engages with them, it can have an enormously calming effect. Obviously, the Bill specifies issues like ensuring costs are kept at an appropriate level and that confidentiality is protected and promoted. It provides for proper training and ongoing professional development. Society changes, standards change and mediation techniques and mechanisms will change too. Continuous professional development is, therefore, appropriate.

Going through the Bill, I also noted that a mediator will be required to make his or her credentials and experience known to the parties prior to being retained to do the work. That is important. While 99% of people are bona fide and honest about their endeavours, requiring under law the provision of copies of qualifications, credentials and experience can eliminate the rogue. It removes the embarrassment of having to make a request for parties. As such, a great deal of thought has gone into the Bill. I note that Women's Aid has an issue with the legislation and I am sure that will be dealt with on Report Stage. I was surprised to receive correspondence from Women's Aid as the Bill is an extraordinarily positive step forward to bring Ireland into line with best international practice. While we have already achieved a great deal when it comes to arbitration, mediation seems, unfortunately, to have been the poor relation. The Bill is an extraordinary step in the right direction to bring us into line with best international practice.