Consultation Paper on Alternative Dispute Resolution - Law Reform ...

(9) The main focus of the <strong>Consultation</strong> <strong>Paper</strong>
15. The Commission notes, therefore, that ADR, in the sense just
discussed, can be said to encompass a very wide area of law and legal
processes. In this respect, the Commission considered that, to provide as full
an analysis as possible of ADR, it was necessary to provide an overview of the
application of ADR in these different settings. In some places, the <strong>Consultation</strong>
<strong>Paper</strong> provides a general overview of ADR processes in a specific setting by
way of describing their long-standing use – this is the case in the discussion of
employment disputes and ADR. 16 In that area of its use, the Commission does
not make any specific suggestions for reform, for the simple reason that those
engaged in using ADR in that setting – notably the Labour Relations
Commission – are fully conscious of the need to develop and refine their ADR
processes. Similarly, while the Commission refers in the <strong>Consultation</strong> <strong>Paper</strong> to
the use of arbitration as an alternative to litigation, it is clear that the future
development of this long-established area of dispute resolution will be debated
in the Oireachtas in the immediate future 17 and that it would therefore be
inappropriate to make reform proposals on arbitration in the <strong>Consultation</strong> <strong>Paper</strong>.
16. The Commission‘s main focus in the <strong>Consultation</strong> <strong>Paper</strong> can,
therefore, be divided into three areas in respect of which it makes provisional
recommendations and, where relevant, invites views and submissions on ADR.
First, the Commission examines the terminology associated with ADR, in
particular the need for a consistent definition of mediation and conciliation, and
the underlying general principles concerning ADR processes. The purpose of
this is to seek to achieve consistency in the use of terminology surrounding
ADR and the key underlying principles. The second area of focus is on the
application of ADR in specific areas, including family law disputes, commercial
disputes and property disputes. The purpose here is to address more specific
matters in these settings which the Commission considers may be in need of
further clarification or development. The third area concerns the training and
regulation of ADR professionals. The Commission regards this as a vital aspect
of ensuring the quality of justice likely to be achieved through ADR.
C Outline of <strong>Consultation</strong> <strong>Paper</strong> Chapters
17. Having described its general approach to alternative dispute
resolution, the Commission turns to provide a brief outline of each Chapter in
the <strong>Consultation</strong> <strong>Paper</strong>.
16 See Chapter 4, below.
17 The Arbitration Bill 2008 proposes significant reforms of the statutory code on
arbitration.
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