Collaborative law, a waste of time or the way forward?

A critical appraisal of the use of collaborative lawyering in family law disputes and beyond.

Dearbhaile Flynn

Ardbear

Clifden

Co. Galway

Introduction and Definition

Collaborative Lawyering (CL) is the term used to describe a revolutionary practice that has developed in the field of Alternative Dispute Resolution[1]. Providing an alternative to traditional litigation, it is premised on the concept of coupling the problem solving and interest- based negotiation principles of mediation with an additional element – a commitment by the parties and their attorneys to settlement[2]. 

It is the intention of this paper to provide a critical analysis of the emergence of CL as well as an examination of the individual elements that comprise its practice, so that its worth and potential might be established. That is, to justify that CL is indeed a “way forward” and not a “waste of time”. However, it is submitted that in order for CL to move forward it must overcome its ethical and procedural shortcomings and so these issues will also be examined and potential solutions proposed[3].  Read the rest of this entry »

“Is this the End of Lawyers?”

“The New Order 56A, S.I. 502 Rules of the Superior Courts (Mediation and Conciliation) 2010, Is this the End of Lawyers?”

Mary Elizabeth Curtis Winning Participant

Lawyers must refocus on what they were retained to do: serve their clients’ interests. Clients come to lawyers to resolve their problems as rapidly, inexpensively, and reasonably as possible.
Introduction

Ireland, and its legal profession, would appear to be perfectly ripe for the shake-up of its systems. With the International Monetary Fund and the European Union placing enormous pressure on the country to effect a variety of institutional reforms (in particular to the legal system ), with the public distrustful of governing bodies, and with the communal and individual coffers practically empty, Read the rest of this entry »

Was the Arbitration Act 2010 Necessary?

Tatra Mary Musheshe, Uganda, Winning Participant

Intro
This paper in the first part will address the nature and development of Ireland law on Arbitration, Introduction to Arbitration, definition, the Arbitration Statutes, the legal framework and advantages of arbitration. In the second part, the paper will address the question as to how the Arbitration Act 2010 was necessary and then go on to discuss why it was not. Part 3 will present recommendations and conclusion. Read the rest of this entry »

The Need for Alternative Dispute Resolution in Personal Injuries cases

Robert Mortell, Winning Participant

Intro
There are currently two specific processes provided for in Irish legislation to deal with personal
injuries claims. A claimant may either pursue their action through the courts or through the Personal Injuries Assessment Board.
This submission is intended to introduce and critically analyse the above processes and will
ultimately demonstrate the need for further development to provide swift, low-cost, but fully
effective justice in personal injuries claims. The proposed development relies on alternative dispute resolution (ADR) to achieve these aims in conjunction with the Law Reform Commission’s (LRC) proposal to introduce a statutory framework for ADR(2) Read the rest of this entry »

Alternative Dispute Resolution (ADR) – At the forefront of dispute resolution

Jacqueline Lopes, Winning Participant

“The notion that most people want black robed judges, well dressed lawyers, and fine panelled court rooms as a setting for resolving their disputes is not correct.  People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.”  -  Warren E. Burger, former Chief Justice of the US Supreme Court.
Read the rest of this entry »