Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 289: To ask the Minister for Justice, Equality and Law Reform if, in view of the findings of the review group on public expenditure on the need for increased use of mediation in litigation by the State, he will request the Attorney General and the Chief State Solicitor to initiate a review of all litigation involving the State, initially at High Court level, to see if mediation could be employed in such cases to resolve matters of dispute involving the State; if such a review will be guided by a recommendation that mediation should be encouraged as a rule rather than an exception; if he will seek to have the rules of court amended to facilitate a mandatory consideration of mediation in proceedings involving the State, in an effort to reduce costs, speed up the resolution of contested matters and improve the provision of public services generally; and if he will make a statement on the matter. [43066/09]

Dermot Ahern (Louth, Fianna Fail)
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It is already the policy of the Attorney General and the Chief State Solicitor to attempt to minimise the cost of all litigation whether initiated against or initiated by a Government Department or Office. Steps to this end include the following:- (a) Where possible early pre-trial negotiation and settlement; (b) If necessary the use of court procedure to lodge/tender money in a court (c) Mediation or arbitration. I am informed that avoiding unnecessary costs is a cardinal principle in the conduct of litigation by the CSSO and Attorney General's Office and procedures are in place for that purpose. There are also measures in place to insure, in so far as possible, a single legal team represents State bodies. The Deputy will appreciate that there are cases involving Government Departments and their agencies in which serious legal issues arise which can only be resolved by the court and mediation and arbitration are not real options.

The Code of Practice for the Governance of State Bodies makes clear that where a legal dispute involves another State body every effort should be made to mediate, arbitrate or otherwise before expensive legal costs are incurred. The Arbitration Bill 2008 which I have promoted and which is before the House will further streamline our arbitration code in line with best practice internationally. Rules of Court continue to be developed to facilitate adjournment of proceedings in our courts to permit mediation. It is my view that a more structured approach to mediation is required in our legal system than exists at present. The Final Report of the Law Reform Commission on Alternative Dispute Resolution is expected in the near future. It is keenly awaited by the Government.