The case for mediation between separating couples in the UK

Mediation in the area of divorce and separation is becoming an increasingly known and accepted method of resolving conflict. Huge developments in the UK divorce system have been made, with new legislature passed that more or less forces separating couples to consider and take part in mediation before heading to court. As a form of conflict resolution, there is evidence that mediation can be highly beneficial to both parties concerned in situations involving divorce or separation, especially where children are concerned.

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The New Legal Services Regulation Bill

On the 12th of October The Minister for Justice, Equal and Defence Mr Alan Shatter published the New Legal Services Regulation Bill which proposes to replace the regulatory functions of the Law Society and Bar Council with a new regulator.

The Bill also proposes removing the requirement for wearing wigs or gowns in court and allowing solicitors to become senior counsel for the first time. 

The Department of Justice says the Bill will give effect to key reforms included in the Programme for National Recovery and agreed with the EU, ECB and IMF.

 “The Legal Services Regulation Bill is intended to bring the legal profession out of the 19th century and into the 21st century and to provide essential information and protection for the consumers of legal services”.

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Dealing with Lawyers in Italy!

 According to the Report: “Doing Business 2009”, the Italian judicial system is in the 156^th position in a list of 181 considered countries.

 This is a matter of primary importance also from an economic standpoint, because the lack of an efficient judicial system produces legal uncertainty, and “doing business” becomes more difficult!

It is not surprising to find such countries asHong Kong,LuxembourgandIcelandat the very top of the list, as they are prospering nations from an economic point of view.

 The problem is thatItalyis really missing “a culture of justice”, and there is no real pressure from the Civil Society and the policy to address the problem.

 “Lawyers in Italy are more than 200.000! Justice is sick. Just read the merciless 2006 Report of the Cepej (European Commission for the Efficient of Justice) which defined our Country as one of the worst in Europe in this field.

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Is Tesco Law Coming to Ireland?

The Legal Services Act UK 2007                                                                                                        

If we just have a quick look to the rest of European Countries, we can see that the Irish Legal Service Reform is neither the only one, nor the first one.

The UK Legal Services Act was approved on 2007 by the Parliament of the United Kingdom to liberalize and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints.

Described as a Big Bang moment for the legal profession, the introduction of the Government’s Legal Services Act (‘LSA’) posed serious challenges for traditional providers, but also presented a wealth of opportunities for those firms who are willing to make the most of the changes. The impact of the reforms and the implementation of legal technology will allow forward-thinking firms to carve out an increasing share of the market as others succumb to increased market pressures.

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Mediation and the HSE – Can it be incorporated into the System?

INTRODUCTION

Alternative Dispute Resolution and in particular Mediation, are gaining influence at a fast pace across the world.  Here in Ireland, the EU Directive on Mediation will come into force in a matter of weeks.  The Law Reform Commission has issued its Final Report, and Draft Bill, which would transpose the above Directive if enacted.  The Courts have also realised the importance of ADR and Mediation and have issued various court rules which will be discussed below.
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Medical Negligence Claims and Mediation in Ireland – the Case for Reform.

1. Introduction:

There are few areas of litigation as complex and emotionally fraught as that of medical negligence. Tension understandably abounds in an arena in which clinical mistakes by trusted medical professionals are alleged by aggrieved patients, or indeed in the worst case scenarios by the family of a deceased loved one. There is often a palpable sense of ‘us versus them’ as legal teams lead impugned nurses, surgeons or GP’s past ex patients and their relatives outside court rooms. The Plaintiffs are of course seeking a focal point at which to cast their blame, grief and anger, all manifestations of the hurt and pain they believe they would be without ‘were it not for them’. The Defendants’ professional reputations are often at stake.
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Mediation in Ireland: Current Trends, Future Opportunities.

Mediation has become the preferred method of Alternative Dispute Resolution (ADR) in Ireland and throughout many other jurisdictions. It is best described as “a process in which an impartial and independent third party facilitates communication and negotiation and promotes voluntary decision making by the parties to a dispute, to assist them to reach a mutually acceptable solution”[1] Mediation is voluntary and cannot impose a solution on the parties. Furthermore it is confidential and operates on a without prejudice basis, which starkly contrasts with the adversarial nature of litigation that cultivates complexity and increasing costs. This paper proposes to examine how mediation as a method of ADR, should become the initial first step to resolve a dispute with an overall effect of ensuring that the Court’s time money and other resources are employed to best effect. Read the rest of this entry »

Promoting Mediation while Protecting Voluntariness

Every legal practitioner hopes that their client will walk away from his dispute satisfied with the result.  All too often, however, only one party will have such satisfaction, because the natural result of litigation is that there must be a loser. Read the rest of this entry »

A review of Alternative Dispute Resolution and Mediation in Clinical Claims.

This paper has for its purpose the review of the role of Alternative Dispute Resolution (hereafter referred to as ADR), in clinical malpractice claims specifically, in light of the recommendations of the recent Law Reform Commission Report. In this 2010 report, entitled “Alternative Dispute Resolution: Mediation and Conciliation”, the Commission recommended that it would be appropriate for the State Claims Agency to introduce the optional avenue of ADR promoting the use of mediation to litigants prior to the commencement of legal proceedings. Read the rest of this entry »

Can the new Construction Contracts Bill 2010 deliver a solution for the industry ?

The provisions of the draft Construction Contracts Bill 2010 seek to address some very difficult issues within the operation of construction contracts, and at first glance appears to be a crucial component towards improving cash flow in the construction industry. The current economic climate has given rise to more conflicts and disputes than ever in this country across all commercial and industry sectors, involving main contractors in dispute with subcontractors, main contractors versus clients, and clients versus their design teams.
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Was the Arbitration Act 2010 necessary?

The Arbitration Act 2010 which came into effect on the 8^th June, 2010 was necessary to fill the gaps which existed under the previous legislation in Ireland. The uncertainty which resulted from these gaps undermined the very essence of arbitration.
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The proposed new Mediation Bill 2011

Out on Tuesday 16th November, the Law Reform Commission will publish their final report on Alternative Dispute Resolution and publish a blueprint for a new Mediation/ADR Bill 2011 which will put mediation and ADR on a statutory basis. This new legislation is required to be in place by May 2011 on foot of a 2008 EU Directive requiring all 27 EU member states to have legislation in place providing for greater access to justice for all Members of the EU.

Slow Payers, what can the new European Directive on Late Payments do for creditors waiting for the cheque in the post?

It now seems highly likely that a new Directive dealing with the late payment of commercial debts will shortly be approved. It has already got the green light from The European Parliament.

As a new Directive, it will replace the existing Late Payments Directive of 2000, and will seek to bring about a “decisive shift to a culture of prompt payment” within the European Union.

Its primary purpose is to create more confidence and afford more protection to hard stung creditors who are out there in the marketplace providing products and services and are not being paid on time and many not even being paid at all due to the increasing prevalence of insolvency, liquidation, examinership receivership and bankruptcy. Read the rest of this entry »

Mediation: Ahern signs provision to promote mediation in the High Court

The Minister for Justice and Law Reform, Dermot Ahern, T.D., has introduced new High Court rules to promote mediation and conciliation in proceedings in the Superior Courts. The rules were introduced following provisional recommendations from the Law Reform Commission in its Consultation Paper on Alternative Dispute Resolution (ADR). Read the rest of this entry »

Mediation: Alternative Dispute Resolution and the Commercial Court. How India can learn from the Irish Experience?

An article in the current issue of the Arbitration and ADR review, Alternative Dispute Resolution and the Commercial Court, written by the judge in charge of the list, Mr. Justice Peter Kelly, gives an interesting insight into the history, role and effectiveness of mediation in the Commercial Court. Read the rest of this entry »

Mediation: Kremlin Introduces Mediation

Kremlin – A law was signed introducing mediation procedures for settling disputes.

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Company Law: Has the Sheer Size and Complexity of Company Law Now Reached Practical Joke Status?

I recently bought the latest copy of the MacCann’s Companies Acts 1963 to 2009 and in doing so I was about to throw out my old copy and I had a quick look at the foreword by the former Chief Justice Ronan Keane in which he wrote on 29th October1993. Read the rest of this entry »

Mediation: New Work Opportunities for Mediators

The new Mud’s Bill has now passed all stages in the Seanad and has gone to Report Stage in the Dail. It’s a whole new corporate governance code for apartment management companies and housing schemes and its inevitable that this new legislation, expected to be enacted in December 2010 and  will present interesting new opportunities for those in a position to take on this new work. Read the rest of this entry »

Company Law: The New Companies Bill 2011

It’s here now, 99.9% ready to go for approval and drafting with the Office of the Parliamentary Draughtsman.  The draft heads of this gigantic new Companies Bill  2011 have  been published.  The exact enactment and commencement into law depends on its inevitable passage through the Oireachtas.  However, the CLRG will hand over a practically complete Companies Bill, thus hastening its reading in the Oireachtas.
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Company Law: The Law of Bankruptcy in Ireland

1. What is Bankruptcy
2. How does a debtor become Bankrupt
3. The Consequences of Bankruptcy
4. The Bankrupt
5. The Family of a Bankrupt Read the rest of this entry »