Mediation Bill due to be published later this year….

The Minister for Justice has recently announced that the long awaited Mediation Bill will be published later this year. The Bill will, inter alia, place a duty upon Members to advise parties to disputes to consider utilising mediation as a means of resolving them.  In so doing, the Bill reflects extant good practice at the Bar of mooting mediation as a timely and cost effective means of resolving certain types of disputes.  Perhaps more notably, the Bill provides that a party commencing civil proceedings shall provide the court with a written statement confirming that their solicitor advised on the possible use of mediation to resolve the matter. The Bill will provide a statutory footing for the extant judicial practice in the superior courts in the determining of costs where the court shall have regard to any “unreasonable” refusal by a party to consider using mediation where such a process had, in the court’s opinion, a reasonable prospect of success.

JSF (18.10.2015)

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