Consultation Paper on Alternative Dispute Resolution PDF
Preview Consultation Paper on Alternative Dispute Resolution
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 i 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. iii 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 iv 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) v 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) vi CONTACT DETAILS Further information can be obtained from: Head of Administration and Development Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: [email protected] Website: www.lawreform.ie vii 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. viii
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