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Mediation in Ireland: Growing Importance of ADR Driven by Budgetary Restraints and Docket Congestion—A Cheap and Easy Way Out?

Reinhard Ellger

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0011
Mediation in Ireland: Growing Importance of ADR Driven by Budgetary Restraints and Docket Congestion—A Cheap and Easy Way Out?

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Apart from the fields of collective bargaining and family law, mediation as a means of alternative dispute resolution is a relatively recent feature in the Irish legal system. However, in the last five years mediation has been constantly gaining in importance in many areas of the legal system. In its first section, the article provides an overview of the general characteristics of mediation in the Irish legal system. The second part is devoted to the use of mediation in particular areas of Irish law, such as the fields of trade and commercial law, labour law, family law and civil law. The Irish Law Reform Commission published a Draft Mediation and Conciliation Bill in 2010 which provides a comprehensive legal basis for mediation. It remains to be seen how the Irish legislature will react to this proposal. The growing integration of mediation into many areas of the Irish legal system not only aims to offer private parties a cheaper alternative to costly court proceedings. It is also intended to work as a remedy against the problems caused by heavy docket congestion in the Irish courts and to control public spending for the court system.

Keywords: mediation; Ireland; Irish legal system; Irish law; trade and commercial law; labour law; family law; civil law; alternative dispute resolution

Chapter.  17044 words. 

Subjects: Comparative Law

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