Mediation is a consensual dispute resolution process which is a common feature of resolution of construction disputes in Ireland. The process has the potential to offer parties in dispute the opportunity to resolve matters in controversy between them efficiently and without incurring the punitive level of costs often associated with formal determinative proceedings such as arbitration or litigation. Conversely, Mediation may not be a good or appropriate fit to certain construction disputes. A matter of “horses for courses”. However, sophisticated practice in construction dispute resolution should involve an active consideration by the parties and their advisers of the utility of ADR to resolve the dispute at an early stage of the case / claim analysis (most particularly in circumstances of ongoing commercial relationship, close family companies, etc).
The Mediation Bill 2017, long in gestation, has finally been published and is slated for promulgation this year. Members might usefully put some time aside to flick through its provisions. Link to the Bill
Our Member firm, A&L Goodbody Solicitors, has produced a useful summary of the Bill HERE