Ivana Bacik (Independent) | Oireachtas source

I am aware that amendments on this issue were rejected in the Dáil, but Women's Aid raises an important matter. We must be cognisant that mediation will not be appropriate in all proceedings. Ruling out domestic violence proceedings specifically, as section 3 does, might not catch all the proceedings in which safety is at risk.

I wish to raise some other points that emerged from the committee's hearings. Those who are involved currently in running commercial workplace and family mediation welcome the legislation, but they made the point that there is a problem with the lack of public awareness about the option of mediation and that it must be highlighted. Section 14 of the Bill provides that solicitors, prior to commencing civil proceedings, must advise a client to consider using mediation. That is welcome, but the justice committee recommended strengthening the duty. There should be an obligation to make particular information available to potential litigants, from the Courts Service, for example, even prior to consultation of the solicitor. Under section 16, the court, of its own volition, can invite parties to attend mediation. Again, however, that is at a point where the case has already gone to the court. The issue of raising awareness about the prospect or possibility of mediation even before parties consult solicitors with a view to litigation could be examined. Some of it could be done simply through a public awareness campaign. It does not require legislation.

A second issue emerged from the justice committee's hearings, and this was addressed by the Minister and is addressed in section 12 and the Schedule to the Bill. It came through strongly to the committee that the lack of awareness about mediation is compounded by the fact that in Ireland there is no single list or register of mediators. Anybody can put up a sign describing himself or herself as a mediator. That is a concern for all those currently involved in the practice of mediation. Indeed, potential clients have no way of knowing if the person they approach as a mediator is, in fact, trained as such or is following a particular code of conduct.

The Chartered Institute of Arbitrators and the Mediators' Institute of Ireland run training for mediators. There is extensive training on offer, but the issue of a national or central register is a problem. Section 12 seeks to address that. I am glad it is included as a result of our hearing, but it is aspirational in nature. Can the Minister state when he envisages being able to put it into effect? He said that there must be evidence that a particular institute or body is sufficiently representative and so forth, but what hoops or hurdles must be gone through to get to that stage? The Schedule sets out a clear list of the important functions a national body or mediation council would carry out. Given that we have acknowledged in the legislation the need for a council to carry out those functions, should we not go a little further in the Bill rather than just stating the aspiration of having a central council?

A related issue raised in the committee's hearings was the absence of adequate regulation for mediators and, in particular, the lack of a central system of redress or complaint for a client who has problems with an individual mediator or the process. Again, a mediation council would address that. However, in section 9 there is provision for codes of practice, which will go some way towards addressing it.

The confidentiality clause in section 10 is very important. It is also something that was stressed to us during the committee's hearings. A significant issue in practice is the withdrawal of a mediator. Again, it was raised with us and is dealt with in section 6 of the Bill. Some of the people who made submissions said that the provision in subsection (6) appears to oblige mediators to give reasons if they withdraw from a mediation.Mediators raised with us the point that they believed this might not be in accordance with best practice and that it should be possible to withdraw without reasons.

These are some of the issues that will arise as the Bill comes into effect. It is very welcome that it is coming into effect. On Committee Stage in the Dáil, the Minister introduced a new Part 6, dealing with family mediation, and amendments to relevant legislation. Some of the delay has been over the drafting of Part 6 and consultation with bodies on the idea of a mediation council. I tabled questions to the Department about this in recent years. It is certainly very welcome to see the Bill even after these long delays and to be able to raise these points.