Mediation in Commercial Disputes

chapster

Hi all,

With the recent publication of the Mediation Bill I've been trying to do some research on the area of Mediation, specifically in relation to commercial disputes.

I've attended the Monday Commercial List for the last couple of weeks in the hope of hearing the Court's (and in particular Kelly J's) opinions on the subject via the directions/invitations issued to parties to a dispute. Unfortunately, on both occassions, the only mention of the topic was to dismiss its prospects of success.

I was wondering if anyone could point me to any recent decisions where Mediation has been directed/suggested and this has had an impact on the awarding of costs. Otherwise if anyone was aware of any articles that dealt with this topic I would be grateful if they could point me to them.

Law Reform Commission Reporthttp://www.lawreform.ie/_fileupload/consultation%20papers/cpADR.pdf and the consultation paper

jblack

Linked herewith is the most comprehensive trending survey done for mediation in the UK construction industry. Their Technology and Construction Court have pre-action protocols that, like our commercial court, permit mediation to be ordered.

They also have statutory adjudication, (our current Bill is stalled), which would affect the figures when compared to our own. That said, there is a lot of excellent info.

http://www.fenwickelliott.co.uk/mediating-construction-disputes-download

chapster

Bump.

Thanks for the replies above. Does anyone know of any recent cases where the use or non-use of Mediation was an issue/factor in judgement and/or award of costs?

NoQuarter

(2011) 18(1) CLP 8: Article: The cost implications for refusing to avail of ADR in civil litigation in the Superior Courts : Barry Mansfield


Available on westlaw.ie, pm me for more info if you like.

Farcear

^ is that article freely available or is this a potential violation of copyright law?

NoQuarter

Farcear wrote: »

^ is that article freely available or is this a potential violation of copyright law?

Oops, as you can see from my other thread, my brain is in overload at the moment!