On the 5th May 2011 with very little publicity the Minister for Justice and Equality, Mr Alan Shatter signed new regulations, SI No. 209 of 2011 European Communities Mediation Regulations 2011, into Law. The new regulations took effect on the 18th May 2011 and have given full effect to Directive 2008/52/EC (O.J. L 136, 24.05.2008, p.3) of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters. These regulations come on the back of SI No. 502 of 2010 Rules Of The Superior Courts (Mediation And Conciliation) 2010, and show the governments resolve to make Mediation an Integral part of the Irish Legal system
The latest SI specifically relates to the use of mediation in civil and commercial cross border disputes, and provides for a number of very important provisions, which are also part of the Draft Mediation Bill 2010. These provisions include:
Recourse to mediation
The court can now invite the parties to attend a mediation or some form of mediation information session.
Confidentiality of mediation
A mediator shall not be compelled to give evidence in civil or commercial proceedings except in certain circumstances.
Enforceability of agreements resulting from mediation
There is now a new procedure whereby parties may apply to the Master of the High Court for an order making the agreement a rule of court and such an order shall be enforceable against the parties.
Effect of mediation on limitation and prescription periods
The time period beginning on the day the dispute was referred to Mediation and ending 30 days after the Mediation is disregarded for the purposes of any limitation period.
Mediation is now firmly on the radar of the government and will be a major consideration in any commercial, civil or family dispute. If you are interested in how Mediation will effect your practice, Mediate Ireland runs a ½ Day Training course (6 CPD Hrs – €215) “An Introduction to Mediation Advocacy”
If you have a client or know someone who may benefit from the Mediation & Dispute Resolution Services that we provide please contact, Mark Small on 087-2268394 to discuss your requirements or organize a mediation.
For more information on our mediation services CLICK HERE
Mediation Advocacy Training
Mediate Ireland provides training programs to anybody involved in the Mediation Process. One of our most popular programs is “An introduction to Mediation Advocacy”, which is specifically for professionals who represent their clients at a mediation. This is an afternoon program (6 CPD hrs are available) which runs regularly throughout the year.
For more information on our training programs CLICK HERE