THE USE of alternative dispute resolution as an alternative to litigation in the courts must be actively promoted by the State so professionals and the public generally are informed as to its effectiveness, according to the Chief Justice.
Mr Justice John Murray was speaking at the launch of two reports of the Law Reform Commission last night, one on alternative dispute resolution (ADR), mediation and conciliation in particular, and the other proposing a single new Bill to regulate the conduct of court proceedings.
He said that in parallel with promoting ADR, the State should take necessary measures for the establishment of an official register of approved mediators, as many other states have done.
The report follows a consultation paper over a year ago and an intensive period of consultation leading to publication of the final report, which includes a Draft Mediation and Conciliation Bill.
The commission does not regard ADR as a panacea, and points out that not all mediations or conciliations (the difference is based on whether the third party facilitator makes proposals or not) end in a settlement. Where they do not, costs may actually increase as the parties bear the cost of both mediation and litigation.
It also points to research which showed that mediation could, in some instances, reduce legal costs by up to 85 per cent. It points out that not all cases are suitable for mediation, and those which are not included where illegality is alleged, where a significant point of law is involved or where a large number of people may be affected.
The main recommendation in the report is that the Government enact a Mediation and Conciliation Bill, a draft of which is appended to the report. This is to be achieved by self-regulation by their professional bodies, along with a statutory Code of Practice.