By: Penelope McRedmond
Mediation Law is of sound practical use to all mediators, aspiring mediators and HR professionals, explaining to them what they need to know to practice in Ireland. It examines procedural and technical issues in this jurisdiction rather than focussing on broader concepts of how to mediate.
The Mediation Bill 2011 (due for enactment in late 2014) focuses attention on mediation in Ireland and imposes a duty on solicitors and barristers to notify clients of the availability of mediation. Courts are also given powers to encourage clients to mediate.
Mediation Law covers many issues a mediator needs to understand to practice in Ireland including obligations under child protection legislation, the role of the different courts in mediation including costs implications, an Irish mediator's duty when confronted with illegality in a mediation, what rights a mediator and their clients have to confidentiality and when these rights can be breached, the impact in the Irish context of 2008 EU Directive on Cross Border mediation, ADR clauses in government Public Works Contracts and the potential impact of the proposed Statutory Code of Conduct for Irish mediators.
Includes the following legislation and case law:
-Mediation Bill 2011 (due for enactment 2014)
-2008 EU Directive on Cross-Border Mediation
-Civil Liability and Courts Act 2004
-Judicial Separation and Family Law Reform Act 1989
-Family Law (Divorce) Act 1996
-Guardianship of Infants Act 1964
-Industrial Relations Acts 1949-2004
-Residential Tenancies Act 2004
-Medical Practitioners Act 2007
-Disability Act 2005
-Farm Assist Limited (In Liquidation) v SS for the Environment Food and Rural Affairs No. 2  EWHC 1102
-Cumbria Waste Management Ltd and Lakeland Waste Management Ltd v Baines Wilson  EWHC 786 QB
-Brown v Rice and Patel  EWHC 625 (Ch).
Section One: General Principles: Voluntary; Self-Determination; Informed Consent; Impartiality; Fairness; Power Imbalances; Confidentiality; Extent of Duty; Legal and Public Policy Exceptions; Mediation Privilege; Capacity; Conflict of Interest; Mediator Competence; Codes of Ethics; Common Standards; Legal Status
Section Two: Mediation and the Civil Justice System: Dispute Resolution Clauses; Enforceability; Court Annexed Mediation Schemes; Mediation Certificates; Limitation Clauses; Enforceability of Mediation Agreements; In Contract; By Court; Costs Sanctions; Good Faith; Role of Legal Representatives and Advisors
Section Three: Practice Areas: Family; Commercial; Workplace; Elder; Property; Personal Injury; Consumer; Class Actions
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