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

12.30 The Commission invites submissions as to whether a pre-action
procedure providing for mediation in a medical negligence claims should be
considered. [Paragraph 6.43]
12.31 The Commission invites submissions as to whether mediation and
conciliation orders should be introduced in the Commercial Court which would
set out the necessary steps that parties must follow when considering mediation
and conciliation. [Paragraph 7.45]
12.32 The Commission invites submissions as to whether a general
statutory framework for mediation and conciliation in commercial disputes
should be put in place, which would include small commercial (including
consumer) disputes and contracts covered by the Government‘s Standard
Contracts for Public Works. [Paragraph 7.60]
12.33 The Commission provisionally recommends that mediation and
conciliation may be appropriate for the resolution of shareholder disputes under
section 205 of the Companies Act 1963 and should be considered prior to
litigation. [Paragraph 7.66]
12.34 The Commission invites submissions as to whether the
recommendations in the European Consumer Centre‘s 2008 Report The
development of Alternative Dispute Resolution (ADR) in Ireland : An analysis of
complaints, best practice and future recommendations should be incorporated
into a statutory Code of Practice concerning mediation and conciliation in
consumer disputes.[Paragraph 8.36]
12.35 The Commission commends the recommendations on online dispute
resolution of consumer disputes made by the Information Society Commission
in its 2002 Report Building Trust and by Forfas in its 2002 Report Legislating for
Competitive Advantage in e-Business and Information & Communications
Technologies and invites submissions as to whether they should be
incorporated into a statutory Code of Practice concerning mediation and
conciliation in consumer disputes. [Paragraph 8.54]
12.36 The Commission provisionally recommends that the jurisdictional
limit of the Small Claims Court be increased to €3,000. [Paragraph 8.61]
12.37 The Commission provisionally recommends the continued
development of mediation and conciliation services by community law centres
for the resolution of community and neighbour property disputes. [Paragraph
9.23]
12.38 The Commission provisionally recommends that property boundary
disputes are appropriate for resolution through mediation and conciliation and
that parties should be advised by their legal representatives to consider and
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