Dáil Éireann Debate, Wednesday - 22 June 2016
63. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when she will publish the mediation Bill, given the benefits of mediation as an alternative to court; and if she will make a statement on the matter. [17136/16]
View answerThe position is that the Mediation Bill is currently being drafted in the Office of the Parliamentary Counsel. It will introduce an obligation on solicitors and barristers to advise any person intending to commence legal proceedings to give consideration to using mediation as an alternative means of resolving disputes. This requirement will not, or course, apply in domestic violence cases.
It is intended that the Bill will help to reduce recourse to the courts, as well as the costs and delays which may arise in the context of court proceedings. Moreover, parties wishing to commence legal proceedings in family law cases will be required to attend an information session which will provide more information on mediation options and the advantages associated with mediation as opposed to adversarial, and possibly protracted, court proceedings.
The Bill will also provide that a court may, following the commencement of any such proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative option and suspend the proceedings to facilitate that process. While work on drafting the Bill has progressed, I am not in a position at present to provide a publication date but my intention is to publish and proceed with its enactment as soon as possible .
