Draft Mediation Bill Ireland 2010

This draft bill has now been superseded by the Draft General Scheme of Mediation Bill 2012 Published 01/03/2012

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY AND GENERAL

Section
1. Short title and commencement
2. Interpretation and non-application to arbitration

PART 2
MEDIATION AND CONCILIATION: GENERAL

3. Purpose of Part 2
4. Mediation and conciliation: role of parties and general scope
5. General role of mediator, conciliator and non-party participants
6. General principles that apply to mediation and conciliation
7. Confidentiality privilege for mediation and conciliation
8. Mediation and conciliation process
9. Financial cost of mediation and conciliation
10. Enforceability of mediation and conciliation agreements: general
11. Limitation periods

PART 3

MEDIATION AND CONCILIATION: CIVIL PROCEEDINGS IN COURT

12. Purpose of Part 3
13. Staying court proceedings arising from mediation or conciliation clause
14. Duty of solicitor to advise client concerning mediation or conciliation
15. Confirmation that mediation or conciliation considered by litigants in civil proceedings
16. Court inviting parties to consider mediation or conciliation
17. Enforceability of mediation and conciliation agreements: role of court
18. Award of costs of mediation and conciliation where connected to proceedings
19. Content of report to court by mediator or conciliator

PART 4

MEDIATION AND CONCILIATION: SPECIFIC INSTANCES

20. Purpose of Part 4

CHAPTER 1

Family Law Disputes and Proceedings

21. Duty of mediator and conciliator in family law dispute as to independent advice
22. Parenting plan
23. Involvement of child or dependent in mediation or conciliation process in family law dispute
24. Information session concerning family law dispute resolution processes
25. Enforceability of mediation and conciliation agreements in family law dispute: role of court

CHAPTER 2

Personal Injuries Disputes and Proceedings

26. Effect of apology in personal injuries proceedings
27. Mediation conference in personal injuries proceedings
28. Early neutral evaluation in personal injuries claims

PART 5

CROSS-BORDER MEDIATION IN THE EUROPEAN UNION

29. Purpose of Part 5
30. Meaning of cross-border dispute
31. Parties in cross-border dispute
32. Application of this Act to cross-border dispute: general
33. Enforceability of agreement resulting from cross-border mediation
34. Confidentiality of cross-border mediation
35. Effect of cross-border mediation on limitation periods

PART 6

CODE OF CONDUCT FOR MEDIATORS AND CONCILIATORS AND TRAINING ISSUES

36. Code of Conduct for mediators and conciliators
37. Training of mediators and conciliators in family law disputes
38. Training of collaborative practitioners

ACTS REFERRED TO

DRAFT MEDIATION AND CONCILIATION BILL 2010

BILL

Entitled

AN ACT TO FACILITATE THE SETTLEMENT OF CIVIL AND COMMERCIAL DISPUTES BY MEDIATION AND CONCILIATION; TO SET OUT THE PRINCIPLES APPLICABLE TO MEDIATION AND CONCILIATION IN GENERAL; TO SET OUT SPECIFIC ARRANGEMENTS FOR MEDIATION AND CONCILIATION CONNECTED WITH CIVIL PROCEEDINGS IN COURT; TO SET OUT SPECIFIC ARRANGEMENTS FOR MEDIATION AND CONCILIATION IN CONNECTION WITH PARTICULAR DISPUTES; TO GIVE EFFECT TO DIRECTIVE NO. 2008/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 21 MAY 2008

ON CERTAIN ASPECTS OF MEDIATION IN CIVIL AND COMMERCIAL MATTERS; TO PROVIDE FOR A STATUTORY CODE OF CONDUCT FOR MEDIATORS AND CONCILIATORS AND FOR TRAINING ISSUES; AND TO PROVIDE FOR RELATED MATTERS

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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