A Special Conference on the New Company Law SPEAKERS The Honourable Ms. Justice Mary Laffoy Judge of the High Court. Lyndon MacCann SC Senior Counsel Helen Dixon The Registrar of Companies. John Glennon Examiner of the High Court. Neil Hughes Insolvency Practitioner. Senator Feargal Quinn Seanad Eireann Ian Drennan The Director of Corporate Enforcement. [...]
1. It’s Not a Fun Read, It’s 199 sections of new law, over 180 pages, six Parts, 10 chapters, two schedules and over 17 major changes to the 1988 bankruptcy act! Practitioners will also need to know the statutory instruments, the rules of the superior courts, the new regulations for creditors meetings and the new [...]
By Sarah Jane Maloney, University of Limerick
Collaborative Law is an advisory Alternative Dispute Resolution (ADR) Process. The Law Reform Commission describes collaborative law as “an emerging method of dispute resolution for separating or divorcing couples, where the parties and their lawyers agree to resolve the issues without litigation.” Read the rest of this entry »
By Lucy Fitzgerald, University of Limerick
The collaborative law model originated and was developed in the US in the early 1990’s by a lawyer called Stuart Webb.[1] This alternative method of dispute resolution is practiced predominantly in the area of family law and was generated as a result of the profound dissatisfaction experienced by many lawyers and their clients with the traditional adversarial model.[2]
By Katie O’Riordan, University of Limerick
The LRC defines collaborative lawyering as ‘a problem-solving method of dispute resolution, used primarily for the resolution of family disputes, where the parties and their lawyers agree, through a contractual commitment, to resolve the issues without litigation.’[1] According to Horgan, it ‘is a new dispute resolution model in which each spouse retains a solicitor to help them to negotiate an outcome that they consider, following independent advice, to be fair and acceptable.’[2]
By Aideen Scannell,University of Limerick
In the introduction to the Law Reform Commission’s 2010 Report on Mediation and Conciliation, the Commission recommends that a “Mediation and Conciliation Act should be enacted to provide a clear framework for mediation and conciliation”[1] The Report itself makes over one hundred reform recommendations and includes a Draft ‘Mediation and Conciliation’ Bill[2]. To understand if this Draft Bill, if enacted, would lead to more questions than answers we will have to look at the current legislation governing Alternative Dispute Resolution in Ireland.
A UN Women review reveals that since 1992 fewer than 10 percent of peace negotiators have been women.
On the 21st of September, on the opening day of the General Assembly’s annual session, Finland’s President Tarja Halonen used her speech to point that women have an important role to play in conflict mediation.
“The record is far from impressive at the moment as the number of women around the negotiation tables continues to be strikingly low.”
The United Nations Mediation Service
The Mediation Service was established by the General Assembly as part of the United Nations Ombudsman and Mediation Services (UNOMS) to strengthen the United Nations internal justice system.
Mediation skills could be employed in all of the following contexts:
• prior to conflict through preventive diplomacy;
• during a conflict through peacemaking activities;
• after a conflict to promote implementation modalities and agreements
• during peace-building efforts to consolidate peace and lay the foundation for sustainable development.
International Mediation Conference on “cross-border disputes” in Florence on October 20th – 21st
The first International Conference about: “Mediation in cross-border disputes” is taking place today and tomorrow in the luxurious Hilton Metropole Hotel in Florence.
Organized by Resolutia, an Italian ADR experts Association, in collaboration with the German Culture.communication and Steinbeis Beratungszentrum Wirtschaftsmediation.
The Conference has the aim to enhance the development of cross-border mediation and to expand its consistent use across Europe to solve conflicts faster, more effective and more cost-efficient than at conventional judicial proceedings.
Many experts on mediation from all over Europe signed up for this event.
William Ury, the co-founder of “Harvard’s Program on Negotiation” will give a keynote speech, and an additional workshop tomorrow at the end of the Conference:
Just Imagine today being a director or member of an apartment management company that has resident firemen on the premises 24/7 as the 187 apartment complex, Priory Hall at Donaghmede in the North side of Dublin is considered a “very serious emergency” and the High Court duly made an evacuation order which was sought by Dublin City Council with a stay on the order until Thursday morning. Unfortunately, for the residents it looks very likely that they will be under strict orders to vacate their apartments under the direction of the team of security guards and they will have a resident Fire Warden on the premises most likely until the end of January 2012!
How do you move 187 people from their homes in this timescale?
A European Mediation Directive (2008/52/EC) was published on 21 May 2008, as part of the European initiative to promote and regulate the development of Mediation throughout the EU:
“the establishment of basic principles in this area is an essential step towards enabling the appropriate development and operation of extrajudicial procedures for the settlement of disputes in civil and commercial matters so as to simplify and improve access to justice.”
The European Union directive called on every E.U. nation (exceptDenmark), to pass a law providing for mediation of cross-border civil cases. Read the rest of this entry »
As of 1 August 2011, both the Civil Dispute Resolution Act 2011 and The Civil Dispute Resolution Regulations 2011 came into effect in Australia. The Civil Dispute Resolution Act 2011 is consistent with the Federal Government’s Strategic Framework for Access to Justice in the Federal Justice System, which promotes more effective and earlier dispute resolution so as to avoid barriers to access to justice. As barriers to justice reinforce poverty and exclusion, this helps the protection of disadvantaged communities to be maintained. Read the rest of this entry »
The World Intellectual Property Organisation (WIPO) is an intergovernmental organisation with headquarters in Geneva, Switzerland.The WIPO Arbitration and Mediation Centre in Geneva, Switzerland began administering domain name disputes in December 1999. Read the rest of this entry »
Ireland now has the capacity to be a major player as an international centre for resolving disputes. The US, European and other multinationals operating in India must be totally frustrated with the legal system there that is now issuing hearing dates in the High Court for December 2020. Notwithstanding that the Indian people are renowned for their longevity of life, it is highly unlikely that many of these large companies or personnel might be available to prosecute and defend these cases in 320 years time. The time is now ripe for Irish lawyers and other professionals to be upskilled in alternative dispute resolution and lets see a reversal of outsourcing, the reverse outsourcing of legal disputes in India to the Emerald Isle. Read the rest of this entry »
A Dublin Solicitor, just back from a business trip in China spotted an unusual looking bus whilst he was stuck in a massive traffic jam in one of China’s major cities. Having recently completed an Accredited Mediator Training in Dublin, the signage on this funny looking bus caught his immediate attention. City Bus in the Chinese capital Beijing have just added a new route to their vast network, a ”Mediation Bus”. It’s an unique initiative aimed at dealing with growing disputes and altercations on the buses in the city to and reduce pressure on the capital stressed out transport officials. Read the rest of this entry »
The Chief Justice of Malaysia, Tun Zaki Azmi has issued a new practice direction to the judiciary to encourage mediation in the Malaysian courts. These judiciary worldwide are sending a clear message to litigants that the courts should not be seen as the first recourse to justice and now disputing parties will have the option of going for court assisted mediation, a free service to the public as long as solicitors and barristers are not engaged or the option of a special one-day mediation at the Malaysian Mediation Centre of the Bar Council.
Read the rest of this entry »
AER Lingus and its cabin crew will be invited to talks by a state mediation body in a last-ditch bid to end a dispute over new rosters.
It is understood that the Labour Relations Commission (LRC) will intervene next week to try and resolve a dispute over an increase in their flying hours to 850 a year.
THE ADVANTAGES of mediation over litigation in family law disputes have been well-rehearsed. Mediation permits the parties to retain control of the outcome of the dispute; it is a far less bruising process than going through an adversarial court case; it enables the parties to talk directly to each other and to express their hurt and their needs.
Ireland is now regarded as one of the most expensive countries in the world for litigation.
The board is considering ways to actively promote the use of mediation and has organised training for some solicitors. Read the rest of this entry »
Two Irish companies which weave and supply treated fabric used for aircraft seats have settled, via mediation, their dispute in the Commercial Court against an English company who allegedly supplied them with a fabric fire-retardant product which caused corrosion in aircraft. Read the rest of this entry »
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