- Page 1: ALTERNATIVE DISPUTE RESOLUTION (LRC
- Page 6 and 7: MEMBERSHIP Law Reform Commission co
- Page 8 and 9: ADMINISTRATION STAFF Head of Admini
- Page 10 and 11: ACKNOWLEDGEMENTS The Commission wou
- Page 12 and 13: E Preventive ADR Processes 41 (1) N
- Page 14 and 15: G Other Developments in Ireland 160
- Page 16 and 17: (3) European Small Claims Procedure
- Page 19 and 20: TABLE OF LEGISLATION Arbitration (I
- Page 21 and 22: TABLE OF CASES Aiton Australia Pty
- Page 23: Venture Investment Placement Ltd v
- Page 26 and 27: encourage parties to reach a soluti
- Page 28 and 29: memorial to victims of a perceived
- Page 30 and 31: (9) The main focus of the C
- Page 32 and 33: 25. In Chapter 8, the Commission ex
- Page 34 and 35: (i) Development of a Dispute 1.04 D
- Page 36 and 37: issues, streamline legal arguments,
- Page 38 and 39: specialisation in some areas…and
- Page 40 and 41: 1.20 When deciding which dispute re
- Page 42 and 43: Commission notes in this respect th
- Page 44 and 45: 1.32 The role of the legal professi
- Page 46 and 47: official judge for the area earned
- Page 48 and 49: (3) Development of Civil & Commerci
- Page 50 and 51: Family Support Agency Act 2001; Civ
- Page 52 and 53: assigned to different processes.‖
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1.59 The Woolf Reports led to the e
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(ii) European Commission (I) Green
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combination of different mechanisms
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2 CHAPTER 2 ADR PROCESSES & TERMINO
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C Definition of ADR 2.06 In general
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2.14 This spectrum can also be grou
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2.22 Principled negotiation refers
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(3) ADR Clauses 2.30 An ADR clause
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are satisfied with the agreement, a
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2.42 Advisory processes include for
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2.50 The arbitrator is usually sele
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2.55 Arb-med is a process where the
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esolve the dispute in a quickly, en
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livestock grants; entitlement to lo
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2.78 In 2007, 4,374 complaints (2,4
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Ombudsman may make a ruling even if
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Defence Forces where these have not
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conducting the mediation process, t
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competent body, or giving advice on
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It is often described as a means of
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connected with the claim. After the
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3 CHAPTER 3 GENERAL PRINCIPLES AND
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and that nothing is lost by attempt
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3.16 If an element of compulsion is
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the court orders that one party is
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(i) Small Claims Mediation Pilot Sc
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3.34 If a case was referred to medi
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mediation rooms and the Mediation C
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officer acts as adviser for all int
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(b) ADR is made mandatory by a stat
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ability of counsel and parties to d
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whether to use the scheme is entire
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(ii) Higher Uptake of Voluntary Med
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important factors in determining ou
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administrative support from the cou
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3.96 The Commission provisionally r
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dispute, since the courts will not
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(iii) To prove the existence of a c
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3.119 In Chantrey Vellacott v Conve
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J. approved four criteria favoured
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(5) Conclusion 3.133 Confidentialit
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power over the resolution and outco
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(17) In order to ensure that proced
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(1) Cost Efficiency 3.157 Mediation
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in the same conflict situation. 181
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88%. 187 This is slightly lower tha
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and the promise of a permanent memo
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that he or she withdraw from the ca
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3.195 The 2008 Directive applies to
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confidentiality statute that includ
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(c) provide information about their
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y the expiry of limitation or presc
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more concerned with alleged violati
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―There is no reason why employers
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industrial action where these have
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With the objective help of the IRO
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Service became involved with the pa
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small groups of employees and indiv
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expects that it should take no long
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D The Equality Tribunal 4.42 The Eq
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ensure that both sides can give inf
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and hepatitis tests may be required
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Hear appeals from Rights Commission
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4.68 EAT determinations can be enfo
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G Other Developments in Ireland (1)
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5 CHAPTER 5 FAMILY DISPUTES & ADR A
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court would proceed with the hearin
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focuses on how mediation can speed
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5.19 In the evaluation of the infor
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family consultants) under the 1975
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eferral‖ after an application for
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Parenting - how will the children s
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5.43 The Commission acknowledges th
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law in 2006. 63 This indicates that
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unfair burden on them and the media
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5.64 According to the American Mode
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insist on the application of the or
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the mediator explains the help that
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ill was 435 days, or over 14 months
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Funding was allocated to 24 family
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A certificate stating that the pers
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programmes have been introduced in
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application for separation, divorce
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for cases not proceeding to mediati
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5.126 In June 1999, the Mediation C
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5.133 The Legal Aid Board, which pr
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5.138 The Commission considers that
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Parties will make timely, full, can
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een achieved by a court order.‖ 1
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The Family Law Act 1975 should be a
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senior judiciary and rule committee
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the will or otherwise. 193 In makin
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6 CHAPTER 6 MEDICAL ISSUES & ADR A
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provide parties to a medical disput
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(2) Flexibility & Creativity of Med
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6.18 The statute defines ―benevol
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circumstances could one facilitate
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the 12 mediated cases, the report s
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efore they can proceed to court. 55
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7 CHAPTER 7 COMMERICAL DISPUTES & A
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disputes that arise. These include,
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C Commercial ADR in Ireland 7.11 Ir
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―... all disputes... shall be res
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may provide a template for contract
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―Ensuring the continued growth…
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(v) is likely to make a substantial
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organisation. ”49 The Report argu
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een noted in this respect that the
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(e) Confidentiality 7.58 The confid
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7.66 The Commission provisionally r
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(c) Irish Commercial Mediation Asso
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has implemented the UNCITRAL Model
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(4) Court of Arbitration for Sport
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processes such as mediation, to lit
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C ADR Mechanisms for Resolving Dome
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Establishing private sectoral compl
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that offence.‖ These provisions a
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under the 2006 Financial Regulator
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(II) Tour Operators Holiday Package
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efund for the consumer, plus the ad
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Develop consumerconnect.ie to inclu
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on principles applicable to bodies
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written procedure but the Court may
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therefore entirely voluntary. This
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8.52 Similarly, Forfás recommended
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need to attend court. 97 Of all app
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statutory Consumer Dispute Commissi
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success rate of mediated outcomes.
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9.04 The Irish Courts have repeated
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financially and emotionally, can fa
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9.16 When the High Court hearing re
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community based organisations. It i
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9.29 The PRTB operates a two-stage
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9.37 Failure to comply with a deter
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9.44 The Report referred to a pilot
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10 CHAPTER 10 TRAINING AND ACCREDIT
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There is concern that mediators wit
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professional practice of mediation
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(1) The Netherlands 10.18 In the Ne
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a complaints system that either mee
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(3) Civil Mediation Council of Engl
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10.41 The Chartered Mediator design
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will then build up IMI education, e
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Ministry of Justice, which will the
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essential foundation for a fully fu
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11.04 As the Commission has previou
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11.10 The general approach of the E
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ecome infected with the conciliator
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have a fundamental role in integrat
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making a judgement, not about the d
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mediation participants…. With an
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Whilst the Court of Appeal did not
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to follow the court‘s earlier sug
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11.57 The importance of the Halsey
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party that the successful party unr
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invite submissions on this issue an
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of the Rolls in England and Wales,
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12 CHAPTER 12 SUMMARY OF PROVISIONA
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12.18 The Commission provisionally
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attempt mediation or conciliation i