Written answers

Wednesday, 17 September 2014

Department of Justice and Equality

Legislative Programme

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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700. To ask the Minister for Justice and Equality the position regarding the proposed mediation Bill which will promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes; and if she will make a statement on the matter. [34794/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Mediation Bill is at an advanced stage of drafting and will promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. It will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving the matter before embarking on such proceedings. It will also provide that a court may, following the commencement of any such proceedings, on its own initiative invite parties to consider the mediation option and suspend the proceedings to facilitate such a process.

I am at present giving consideration to the possible inclusion in the legislation of an over-arching governance structure for the mediation sector. The Deputy may recall that this matter was raised by the Joint Committee on Justice, Equality and Defence in its constructive Report on the General Scheme of the Mediation Bill. Such a representative structure could, for example, play an important role in the promotion of mediation as an alternative to court proceedings and in the development of codes of practice for the sector. A number of mediation bodies have made submissions on mediation regulation and standards in the context of the future legislation and I shall have regard to the various views expressed when finalising the Bill for publication in the coming months.

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