RIAI Conciliation process

igilvarry

Has anyone ever had occasion to invoke Clause 38(a) Conciliation process on a RIAI contract. Any insight on experience would be appreciated including how costs to go into the process would be apportioned.

icbarros

Hi,
If you are a RIAI member you could try to contact Joe Miller (RIAI). I'm pretty sure he will be able to give you sound advice.

igilvarry

Checking back again. If someone is familiar with the mechanics of RIAI based conciliation can you get in touch? PM pls with your contact details

kkelliher

igilvarry wrote: »

Checking back again. If someone is familiar with the mechanics of RIAI based conciliation can you get in touch? PM pls with your contact details

Concilliation is a non binding dispute resolution process. Unlike arbitration the costs are split 50/50 unless agreed otherwise. Concilliator is appointed by mutual consent or by appointment by riai or other on application. Concilliator will charge a fairly high fee per hour/day and will look for a payment upfront. Generally submissions are made to concilliator and he makes a reccommendation. You have a set period to accept or you can then go to arbitration.

The process is fairly open, with the aim of reaching a structured solution although its not enforceable if both parties dont agree

Depending on the issues you are having there are other options like mediation

igilvarry

I understood there are 3 possible options for dispute processing per Clause 38 - conciliation, arbitration, and litigation. Where does mediation fit into this, or is that a mechanism that can be invoked per another clause in the standard RIAI contract?

kkelliher

igilvarry wrote: »

I understood there are 3 possible options for dispute processing per Clause 38 - conciliation, arbitration, and litigation. Where does mediation fit into this, or is that a mechanism that can be invoked per another clause in the standard RIAI contract?

Mediation is an ex contract dispute resolution process. The courts now have the power to direct mediation in a case before them if the judge feels its worth trying

Depending on the issue that exists if parties agreed to mediation its a cheaper option and can have a quick turn around. Its also less formal than the other forms and allows the parties to come up with worked solutions instead of directions by a third party

Its just another option for you but it does depend on the situation you find yourself in

igilvarry

Would the mediation service be one and the same as referenced here : http://www.lawlibrary.ie/mediation/ ?

kkelliher

igilvarry wrote: »

Would the mediation service be one and the same as referenced here : http://www.lawlibrary.ie/mediation/ ?

Yes same process but its offered by many organisations

igilvarry

kkelliher - can you provide examples please of other org's who would provide this e.g. National Consumer Agency? I also sent you a PM.

kkelliher

the following is a list of companies/organisations that provide a mediation service or panel (i am sure there are man others):

www.friarylaw.ie
www.lawsociety.ie
www.arbitration.ie (chartered institute of arbitrators)
www.themii.ie (mediators institute of ireland)
www.cedrsolve.ie
www.engineersireland.ie
www.riai.ie
www.cif.ie

there are also many many individuals who you can approach directly to offer the service

you shoud look for an accredited mediator in all instances as they have carried out specific training in mediation