ADR (Other)

Mediation Mediation has been given an ever-increasing role under the Court rules.  In England and Wales 1999 Law Reforms consequent on the Woolf report places an obligation on parties to consider mediation.  Parties can be penalized in terms of costs if they refuse to engage in appropriate ADR. … Read the rest

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General There is no comprehensive statute dealing with mediation in Ireland at present. Mediation arrangements may be embodied in a contract between the parties. It is possible for a contract to provide for mediation before the dispute develops.  … Read the rest

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Overview Mediation has been defined as a flexible process, conducted confidentiality, in which a neutral person activity assists the parties in working towards a negotiated agreement of a dispute or difference. The mediator seeks to assist both sides in coming to an agreed settlement.… Read the rest

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General Expert determination involves the appointment of an independent expert to make a  decision or determination of particular issues, which is binding on the parties to the agreement.  It differs from arbitration, in that the expert does not act in a quasi-judicial manner. … Read the rest

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Overview Conciliation is a voluntary process in which a third party facilitates negotiation between parties in dispute.  The procedure is similar to mediation.  However, the conciliator’s role is more active. The conciliator may give an opinion on the merits of the dispute and suggest a solution if the parties cannot put forward proposals themselves to settle the matter in dispute.… Read the rest

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