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

attempt mediation or conciliation in such disputes prior to the commencement of
litigation. [Paragraph 9.25]
12.39 The Commission provisionally recommends that the courts should
continue to be pro-active in advising parties in property disputes to consider the
adjournment of hearings to allow the parties to consider mediation or
conciliation. [Paragraph 9.26]
12.40 The Commission invites submissions on whether ADR, in particular
mediation, has a role to play in the resolution of planning application disputes.
[Paragraph 9.50]
12.41 The Commission provisionally recommends that training and
accreditation of mediators is essential to ensure the quality of the process and
invites submission as to whether this should be included in any statutory
framework for mediation. [Paragraph 10.09]
12.42 The Commission provisionally recommends that the relevance of
ADR, including mediation and conciliation, should be incorporated into third
level programmes in law and other disciplines and the professional programmes
conducted by the Law Society of Ireland and the Bar Council of Ireland.
[Paragraph 10.61]
12.43 The Commission invites submissions as to whether the regulation of
mediators should continue at present on a non-statutory basis, subject to the
principles to be set out in a statutory framework for mediation and conciliation.
[Paragraph 10.64]
12.44 The Commission provisionally recommends that all family mediators
should receive specialist training in this particular area. [Paragraph 10.65]
12.45 The Commission provisionally recommends that a non-statutory
scheme should be established, under the auspices of the Department of
Justice, Equality and Law Reform, to provide for the accreditation of
organisations, which, in turn, accredit individual ADR practitioners. [Paragraph
10.66]
12.46 The Commission provisionally recommendations a Court should not
impose a good faith requirement in mediation or conciliation as this would risk
undermining key principles, including the right to self-determination, the
voluntary nature of the process, the neutrality of the mediator or conciliator and
the confidentiality of the process. The Court should, however, encourage parties
to mediate in good faith. [Paragraph 11.36]
12.47 The Commission invites submissions as to whether, in general, costs
sanctions should be imposed on a party by a Court for an unreasonable refusal
to consider mediation or conciliation and whether a Court should apply the
following factors in determining that a party has unreasonably refused to
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