Consultation Paper on Alternative Dispute Resolution

382 Pages·2008·3.39 MB·English

ALTERNATIVE DISPUTE
RESOLUTION
(LRC CP 50 – 2008)

CONSULTATION PAPER
ALTERNATIVE
DISPUTE
RESOLUTION

(LRC CP 50 - 2008)

© COPYRIGHT
Law Reform Commission

FIRST PUBLISHED
July 2008

ISSN 1393 – 3140
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LAW REFORM COMMISSION‘S ROLE
The Law Reform Commission is an independent statutory body established by
the Law Reform Commission Act 1975. The Commission‘s principal role is to
keep the law under review and to make proposals for reform, in particular by
recommending the enactment of legislation to clarify and modernize the law.
Since it was established, the Commission has published over 140 documents
containing proposals for law reform and these are all available at
www.lawreform.ie. Most of these proposals have led to reforming legislation.

The Commission‘s role is carried out primarily under a Programme of Law
Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the
Commission following broad consultation and discussion. In accordance with
the 1975 Act, it was approved by the Government in December 2007 and
placed before both Houses of the Oireachtas. The Commission also works on
specific matters referred to it by the Attorney General under the 1975 Act. Since
2006, the Commission‘s role includes two other areas of activity, Statute Law
Restatement and the Legislation Directory.

Statute Law Restatement involves the administrative consolidation of all
amendments to an Act into a single text, making legislation more accessible.
Under the Statute Law (Restatement) Act 2002, where this text is certified by
the Attorney General it can be relied on as evidence of the law in question. The
Legislation Directory - previously called the Chronological Tables of the Statutes
- is a searchable annotated guide to legislative changes. After the Commission
took over responsibility for this important resource, it decided to change the
name to Legislation Directory to indicate its function more clearly.
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MEMBERSHIP
Law Reform Commission consists of a President, one full-time Commissioner
and three part-time Commissioners.

The Commissioners at present are:

President:
The Hon Mrs Justice Catherine McGuinness
Former Judge of the Supreme Court

Full-time Commissioner:
Patricia T. Rickard-Clarke, Solicitor

Part-time Commissioner:
Professor Finbarr McAuley

Part-time Commissioner:
Marian Shanley, Solicitor

Part-time Commissioner:
Donal O‘Donnell, Senior Counsel

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LAW REFORM RESEARCH STAFF
Director of Research:
Raymond Byrne BCL, LLM (NUI), Barrister-at-Law

Legal Researchers:
Áine Clancy BCL, LLM (NUI)
Philip Flaherty BCL, LLM (NUI), Diop sa GH (NUI)
Eleanor Leane LLB, LLM (NUI)
Gemma Ní Chaoimh BCL, LLM (NUI)
Verona Ní Dhrisceoil BCL (Dlí agus Gaeilge), LLM (NUI)
Jane O‘Grady BCL, LLB (NUI ), LPC (College of Law)
Charles O‘Mahony BA, LLB (NUI), LLM (Lond), LLM (NUI)
Ciara Staunton BCL, LLM (NUI), Diop sa GH (NUI)

STATUTE LAW RESTATEMENT
Project Manager for Restatement:
Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor

Legal Researchers:
John P. Byrne BCL, LLM (NUI), Barrister-at-Law
Elizabeth Fitzgerald LLB, M.Sc. (Criminology & Criminal Justice),
Barrister-at-Law

LEGISLAT ION DIRECTORY
Project Manager for Legislation Directory:
Heather Mahon LLB (ling. Ger.), M.Litt., Barrister-at-Law

Legal Researchers:
Margaret Devaney LLB
Eóin McManus BA, LLB (NUI), LLM (Lond)
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ADMINISTRATION STAFF
Head of Administration and Development:
John Glennon

Higher Executive Officer:
Alan Heade

Executive Officers:
Simon Fallon
Emma Kenny
Darina Moran
Peter Trainor

Legal Information Manager:
Conor Kennedy BA, H Dip LIS

Cataloguer:
Eithne Boland BA (Hons), HDip Ed, HDip LIS

Clerical Officers:
Ann Browne
Ann Byrne
Liam Dargan
Sabrina Kelly

PRINCIPAL LEGAL RESEARCHER FOR THIS REPORT
Nicola White LLB, LLM (Dub) Attorney-at-Law (NY)
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CONTACT DETAILS
Further information can be obtained from:

Head of Administration and Development
Law Reform Commission
35-39 Shelbourne Road
Ballsbridge
Dublin 4

Telephone:
[phone]

Fax:
[phone]

Email:
[email protected]

Website:
www.lawreform.ie
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ACKNOWLEDGEMENTS
The Commission would like to thank the following people who provided valuable
assistance:

Mr Mark Appel, Senior Vice President, International Centre for Dispute
Resolution
Mr James Bridgeman, SC
Ms Claire Bruton, Barrister-at-Law
Dr Nael Bunni, Chartered Engineer, Bunni & Associates
Mr Andrew Burr, Barrister, Atkins Chambers
Ms Rosaleen Byrne, Partner, McCann FitzGerald Solicitors
Mr Oliver Connolly, Barrister-at-Law, Friary Law Chambers
Ms Karen Erwin, President, Mediators Institute of Ireland
Mr Ciaran Fahy, Vice Chair, Chartered Institute of Arbitrators.
Ms Rachel Fehily, Barrister-at-Law
Mr Jonathan FitzGerald, Barrister-at-Law, Friary Law Chambers
Mr Brian Hutchinson, Barrister-at-Law and Vice Dean School of Law UCD
Mr Joseph Kelly, Partner, A & L Goodbody Solicitors
Ms Mary Lloyd, Family Mediation Service
Mr John McBratney, SC
Judge Petria McDonnell, Judge of the Circuit Court
Mr Patrick Meghen, County Registrar, Limerick
Mr Colm O hOisin, SC and Chair Bar Council of Ireland ADR Committee
Ms Polly Phillimore, Family Mediation Service
Ms Paulyn Marrinan Quinn, SC and Ombudsman for the Defence Forces
Mr Nathan Reilly, Barrister-at-Law

However, full responsibility for this publication lies with the Commission.
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