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

to negotiate an outcome that they consider, following independent advice, to be
fair and acceptable. 43 Lawyers represent the parties for settlement purposes
only and should the process end, both solicitors are disqualified from any further
involvement in the case. The aim is to find a fair and equitable agreement for
the couple. The success and effectiveness of the system depends on the
honesty, cooperation and integrity of the participants. 44
2.46 If a client wishes to proceed through the collaborative law process,
both sides must sign a legally-binding agreement to disclose all documents and
information that relate to the issues. Negotiation sessions take place during
four-way meetings, with the solicitors and clients all meeting together. Both the
clients and the solicitors must agree to work together honestly and in good faith.
Neither party may go to court, or even threaten to do so, when they are working
within the collaborative law process. 45
H Determinative ADR Processes
2.47 Determinative processes involve a neutral and independent third
party hearing both sides of the dispute and making a determination, which is
potentially enforceable, for its resolution. This category of ADR includes the
processes of arbitration, adjudication, and expert determination.
(1) Arbitration
2.48 Arbitration is a long-established procedure in which a dispute is
submitted, by agreement of the parties, to one or more impartial and
independent arbitrators who make a binding and enforceable decision on the
dispute. It is a sophisticated method of dispute resolution in Ireland and is the
preferred method of dispute resolution in a number of sectors in Ireland,
including the construction and insurance industries.
2.49 Ireland has separate legal regimes for international and domestic
arbitration. Domestic arbitrations are governed by the Arbitration Act 1954 as
amened by the Arbitration Act 1980. The Arbitration (International Commercial)
Act 1998 introduced the UNCITRAL Model Law as the procedural framework for
international arbitrations.
43 Horgan ―Let‘s Work Together‖ (June 2005) Law Society Gazette at 24.
44 Walls ―Collaborative law a new and better way‖ Sunday Business Post 25 March,
2007.
45 Horgan ―Let‘s Work Together‖ (June 2005) Law Society Gazette at 25. See
chapter 7 for more information on the collaborative law process. See Chapter 5
below for further information on collaborative lawyering.
50