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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What’s Happening in Australia

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 »

Mediation Foundation Course

You are here: Home » Mediation Training » Mediation Foundation Course

“Learn the basic skills of the mediator and attain a greater understanding of the mediation process.”

What is Mediation? How can it help me and my business?

In a mediation procedure the Mediator is a neutral independent person who acts as a facilitator who helps the parties to reach
a mutually satisfactory settlement of their dispute. Any settlement terms reached can be signed and recorded in an enforceable
contract. Mediation is an efficient and cost-effective way of achieving a fair outcome while preserving, and at times even enhancing,
the relationship, business and personal, of the parties.

Mediation Foundation Course Overview

This course can be taken on its own without progressing to accreditation with the Mediation Advanced Course.

Over two days participants will undertake 20 hours of professional mediation training affording them the opportunity to act as a mediator and to learn all the basic principles required to run an effective mediation conference.

The Foundation Course equips participants with the basic mediation skills and techniques necessary for running a mediation conference whilst simultaneously providing participants an insight into the different types of common mediation situations.

This course is perfectly suited to those wishing to gain a greater understanding of the mediation process without necessarily aspiring to practice as a mediator.

Following successful completion of Part I, there are optional, additional advanced mediation training where participants will undertake an examination leading to accreditation.

The Advanced Course is supplementary to the Foundation Course and must be booked separately.

Download The Accredited Mediator Foundation Course Brochure

Download The Accredited Mediator Foundation Course Brochure

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Mediation Foundation Course Content

• Introduction to mediation

• Misconceptions on mediation
  

• Types of mediation

• The six negotiation contexts

• Achieving satisfaction in negotiation

• Planning, and preparation for strategic negotiations

• Mediation as an extension of the negotiation process

• Mediation process

• Mediators techniques and strategies

• The skilful mediator

• Live mediation

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Who should attend?

Anyone wanting more skills and sorting out disputes between staff, clients and organizations,
Accountants, solicitors, in-house counsel and lawyers in commercial or other practices. Human resources staff, CEOs, managers, industrial relations staff, arbitrator’s, insurers, mediators wishing to broaden their skill base and those wishing to become accredited professional mediators.
Some people will progress from this training to the Advanced Part II course, leading to full accreditation, whilst others may find that this Foundation Course satisfies their in needs in delivering a very thorough and practical grounding in Mediation.

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CPD CREDITS – 20 HOURS

Attendance at this mediation training by members of the Institute of Chartered Accountants, the Chartered Association of Certified Accountants, the Institute of Certified Public Accountants and the Institute of Incorporated Public Accountants may be considered as fulfilling part of their Continuing Professional Education.

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Lead Trainers

Paulyn Marrinan Quinn SC

Paulyn Marrinan Quinn SC has worked in the area of Alternative Dispute Resolution since the 1990s. In order to develop standards of best practice and a centre of excellence in this field of work, she founded a Post Graduate programme in Trinity College Dublin in 2000: Conflict and Dispute Resolution Studies – which she directs. From this rich source of conflict resolvers and ADR practitioners, grew Mediation Forum – Ireland (MFI), one of the largest panels of qualified Mediators – a body prescribed by Ministerial Regulations under the Courts Act 2004 to nominate Mediators.

Paulyn has lectured and trained in this area extensively. She has also advised in relation to the creation of bespoke ADR,
Arbitration, Dispute Resolution and Mediation Schemes at home and abroad.

Brian Walker BL

A practising barrister in the Law Library with over 30 years experience in the area of commercial and company law, having previously worked in the accountancy firms of KPMG and PricewaterhouseCoopers. Brian is a successful mediator and will share great tips and techniques for those wishing to develop a Mediation Practice. His approach is straightforward, direct and easily
understood.

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FEE -  €1495, includes:

• All documentation,
• External assessment,
• Lunches and refreshments

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Do not hesitate to contact us for any information, or see our mediation training video.

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 »

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 »

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.
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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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Acting For Madam Madonna In Intellectual Property Disputes/Domain Names

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 »

Why India should outsource their legal disputes to Ireland

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 »

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 »

“Trouble on the Bus”, Call in the Mediation Police

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 »

A New Practice Direction from Malaysian Chief Justice on Mediation

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.
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The New High Court Rules on Mediation

A new Order 56A , S.I. No. 502 of 2010, Rules of the Superior Courts (Mediation and Conciliation) 2010, will come into effect on 16th  November 2010 and will be similar to the procedure in the Commercial Court whereby a High Court judge may now adjourn legal proceedings to allow the parties engage in an ADR process.  This means mediation, conciliation or any other dispute resolution process approved by the High Court. These rules will contain a costs sanction for those who fail or refuse without good reason to participate in an ADR process. Read the rest of this entry »