In September 2017 the Government passed the Mediation Act 2017. This Act sets out a statutory framework integrating mediation into the Irish civil justice system. The 2017 Act aims to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs, speeding up the resolution of disputes and reducing the stress and acrimony that often accompanies court proceedings.
This new title focuses on the 2017 Act and takes the reader through it section by section, analysing the meaning and impact of each. In addition this is the first book in Ireland to draw together the law from many different disciplines and apply them to mediation. The relevance of the law of contract to mediation and the law relevant to family law mediations are particularly highlighted.
The book also examines the law relevant to mediation in the context of the fundamental principles of mediation. The voluntary nature of mediation, the self determination of the parties, the neutrality and impartiality of the mediator and particularly the importance of confidentiality in the mediation process are therefore all explained in relation to the legal issues that arise as a consequence of their relevance to the mediation process.
The book enables the reader to understand the relationship between the Mediation Act and the civil justice system with a detailed look at the relevant Rules of Court their interaction with the Act and application by the Courts.
In European Union law the impact of the Directive on certain aspects of mediation in civil and commercial matters 2008 is referenced throughout the book. The book also examines a number of statutory procedures that fall outside the Mediation Act, giving a convenient, easily accessible description of the mediation processes under the following:
· Workplace Relations Act 2015
· The Residential Tenancies Act 2004
· The Disability Act 2005
· The Multi-Unit Developments Act 2011
· The Civil Liability and Courts Act 2004
· The Financial and Pensions Ombudsman Act 2017
Penelope McRedmond is a UK and US Lawyer and certified mediator. She taught constitutional law for a number of years in the UK and has recently been working as an independent researcher and writer while also lecturing on mediation at the Irish School of Ecumenics at Trinity College Dublin.