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02 March 2017
The long-awaited Mediation Bill 2017 was published by the minister for justice and equality on February 13 2017. The bill's underlying objective is to promote mediation as a viable, effective and efficient alternative to court proceedings. Doing so should result in reduced legal costs, faster resolution of disputes and a reduction in the stress and acrimony that can sometimes accompany court proceedings.
The bill, which incorporates many of the recommendations made by the Law Reform Commission's 2010 report on alternative dispute resolution, proposes a comprehensive statutory framework for the resolution of disputes. Its provisions are aimed at both legal advisers and parties to disputes. Key provisions include the following:
It is proposed that signing an agreement to mediate effectively stops the clock for bringing claims under the statute of limitations until 30 days after termination of the mediation.
The bill is a welcome step towards encouraging more businesses to consider using it as a tool for resolving commercial disputes.
For further information on this topic please contact Aoife McCluskey at Matheson by telephone (+353 1 232 2000) or email (firstname.lastname@example.org). The Matheson website can be accessed at www.matheson.com.
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