Tag: Mediation

Opening remarks by Chairman of CIArb Ireland at Belfast conference on ADR

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First a word of introduction to CIArb here in Ireland and worldwide.

 We are a global community with 30 regional branches and chapters across the world, offering a global network of ADR professionals. 

 A Royal charter was initially granted in 1979;this is  reserved for professional institutions and charities working in the public interest, Significant changes to the Institute’s governing structure from new Charter and Bye-laws granted in 2005. 

Objectives

  • Promoting access to non-court dispute resolution
  • Education, training & professional qualifications
  • Standards & guidelines, approval & accreditation of practitioners,
  • Academic & professional resources

Promotion of research, new professional policy and practices concerning dispute resolution as a ‘Learned Society’; working closely with academic institutions and other professional bodies across the world.

 What has brought us here today?

More important at the end of what will hopefully be an enjoyable and productive event will be where do we go from here to deepen the understanding and practise of ADR in business and commercial life in general?

CIArb Ireland has embarked on a general campaign notably with the business organisations to promote the advantages of ADR as a cheaper and more amicable way of resolving disputes in commercial and business life.

We are making progress and I want to acknowledge the support we have received for this event from IBEC and the CBI through its joint council, and we intend to develop this dialogue to bring the message that ADR is good for business to every moving part of the economy.

We are currently engaged in the early stages of a campaign with Chambers Ireland in partnership with the Law Society to bring these messages to businesses at a local level.

This is the age of ADR. What has first of all brought us here is to promote and assist a discussion on ADR. In that sense the most immediate trigger was the imminent and now implemented transposition of the EU Directive on Mediation into law in both jurisdictions on the island.

Many more businesses now trade on an all island basis; part of the peace dividend. One of the lubricants of successful business relationships is effective dispute resolution machinery. This is especially the case where problems need to be resolved but business relationships need to go on.

Overarching that specific measure is the general development of ADR as a dispute resolution mechanism, and mediation in particular.

I sometimes wish we had a new word to describe this process. Mediation is a word in fairly common usage and this may lead to an element of complacency about the imminent changes.

It is very important that this is not seen as some ‘flash in the pan’ new fad and that it is genuinely embraced in our commercial transactions, in the workplace and at the level of interpersonal disputes.

Solomon’s ultimatum in the famous bible story to the families in dispute is an early example of skills mediators are taught to practice known as ‘reality checking’!

The editor, until recently of our Journal ‘The International Journal of Arbitration, Mediation and Dispute Resolution;  Professor Derek Roebuck is an expert on the history of ADR and the author of such books as Early English Arbitration, Ancient Greek Arbitration and… ‘The Charitable Arbitrator; How to mediate & Arbitrate in Louis XIV’s France’.

This gives a flavour of the pedigree of alternative dispute resolution.

In his book ‘Roman Arbitration’ Professor Roebuck describes the Compromessum; an early form of arbitration agreement but whose connection to the modern word compromise brings us along the route to the modern core of mediation without any great need for Latin scholarship.

One of the strongest advocates of ADR and mediation has been the judiciary, both on the bench and off it.

It was notable when the report of the Law Reform Commission was published last October on  Mediation and Conciliation  that it was launched by the Chief Justice Mr John Murray thereby conferring on it very powerful judicial approbation indeed.

This report has found further approbation in the Review on Access to Justice in N. Ireland where in the section on ADR it says (p60)

At the outset we wish to refer.. to the Irish Law Reform Commission report, “Alternative Dispute Resolution: Mediation and Conciliation”, published in November 2010 and which we regard as an authoritative work on ADR with many proposals and ideas that are potentially applicable to this jurisdiction23.

I am sure Mr Justice Gillen will add to these encouraging sentiments.

On the bench we now have a line of authority in the English courts which has reversed the traditional rules on costs. A number of decisions including Halsey v Milton Keynes trust have said that a party which refuses to mediate may, even if they succeed at litigation get an adverse finding on costs.

The views of Lord Justice Dyson, author of that judgement may be read in the current issue of the Institute Journal Arbitration; there he summarises the three propositions in Halsey as

  • Mediation is important and should be used in many cases but it is not a universal panacea.
  • Parties should not be compelled to mediate if they are truly unwilling, BUT
  • Adverse costs orders are an appropriate means of encouraging parties to use mediation

There has been a recent case reported this month (September 6 2011)in which the English High Court commented on mediation in Samuel Smith Old Brewery (Tadcaster) v Philip Lee (trading as “Cropton Brewery”) [2011] EWHC 1879 (CH)

In the introductory paragraph of the judgment, Arnold J said that the dispute was one which ought to have been capable of settlement out of court a long time ago. Instead, it had grown into a case the costs of which were out of all proportion to what was at stake. “One explanation for this is Yorkshire pride; but I fear that the English legal system bears a measure of responsibility as well.”

In a postscript to the judgment, the judge said that he considered that the case should have been referred to mediation at an early stage. “The legal process appears to have caused the parties to become entrenched in their positions rather than seeking common ground. I suspect that the costs will themselves quickly have become an obstacle to settlement…. in future disputes of this nature the possibility of mediation should be explored as soon as is practicable.

The Irish Govt has made commitments to enact the bill which accompanied the LRC report in and it has now been announced that a bill will be published in 2012.

All of this has been done in the context of reducing professional costs to business but with the additional advantage that alternative dispute resolution, and mediation in particular hold many advantages over traditional methods of dispute resolution such as litigation.

I might add in passing that the draft bill will cover employment related disputes; a mysterious omission from the 2010 Arbitration Act.

The N. Ireland report on access to justice lists the advantages of such alternatives in addition to costs as retaining party control, its voluntary nature, flexibility, an agreed outcome and it is less stressful than a court appearance. So there are financial, social and psychological advantages to mediation

Frankly, there may be some way to go in getting the message across to business that there is a better way to avoid and resolve disputes, and a cheaper one to boot although the recent publication by the Ombudsman here on alternatives to Court will help.  One of our speakers today had a hand in that initiative, Dr Jack Anderson.

So the ADR community will have an important role in promoting the message that there is a better way to avoid and resolve disputes, and this conference is very much part of that process.

A word on the training and accreditation of mediators.

The LRC report noted the view that users of mediation had a ‘right to expect a competent service’ and not one tainted with the ‘second class’ justice criticism and went on to warn of the dangers of the ‘enthusiastic amateur’ as mediator.

CIArb Ireland has over 700 trained and accredited third party neutrals; arbitrators, mediators, adjudicators and others whose services can be made available through the independent nomination process we operate.

However we support its conclusion that a system (it proposes a non statutory one under the auspices of the Dept of Justice) should be developed under which the accreditation of service providers, and of individual practitioners could be structured (while making special comments about family practitioners).

We are very proud of the standard of training offered by the Chartered Institute, and while other providers offer a similar standard not all do.

Submission (II) on Employment Rights reform

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Introduction

Please see previous blog

Maintaining good employment relations and resolving workplace conflict

(These are our answers to a set of questions posed by the DEJI as part of the consultation process) 

1.1 How do you think employers and employees can best be supported in resolving disputes at workplace level?

Training; too many HR professionals engage in dispute management by procedures manual. There needs to be a greater awareness of dispute resolution techniques

1.2 Can the provision of timely, up-to-date factual information help to facilitate early resolution of grievances/ claims and stem the flow of formal cases being submitted?

No, not on its own. In fact it may have the opposite effect. Addressing the litigious mindset  and the grievance industry requires a significant change in the approach to workplace dispute management.

1.3 When and how should interventions be available from the State?

As at 1.1 the ideal place to resolve disputes is where they arise. However the provision of information especially on mediation of other ADR options  will contribute to the reduction of delays

1.4 How do you think access by employers and employees to a just, fair and efficient adjudication process can be ensured?

By first making the system itself intelligible and then making it accessible (simpler forms.)

Integrated structure 

2.1 Do you agree that the integrated two-tier model should be adopted as guiding principle?

Yes.

2.2 Do you agree that “differentiation” of processing channels should be minimised to optimise the benefits of the proposed reform and to avoid re-introduction of institutional and procedural rigidities?

Yes, and this does not require separate channels as at present. Cases could be assigned to divisions  of a ‘new’ Labour Court (my preferred term) on the basis of known expertise. (One could have a redundancy/unfair dismissal division, general appeals, industrial relations etc. rather as we have a Commercial court, a dedicated Arbitration judge etc. See introductory comments. One division should specialise in small business disputes)

2.3 Should all claims in respect of employment related complaints/claims (including employment related equality matters) be submitted and dealt with by one body of first instance?

Yes

2.4 Should employment rights cases only go to the body of second instance on appeal (i.e. should the right of either side to object to the body of first instance hearing a case be removed)?

Yes. Also appeal to the circuit court should be on a point of law only.

2.5 If minimal differentiation within a two-tier structure is to be pursued, what would the optimum streams / chambers be within both the first instance and the appeals entity? For example, is there a need to retain some organisational distance / separation between the distinctive roles of

o The inspectorate function (i.e. NERA’s role in inspection, enforcement and where appropriate prosecution);

o the conciliation and mediation processes dealing with collective disputes;

o the advisory / mediation / investigative procedures dealing with individual industrial relations and employment rights claims;

o any subsequent formal adjudication on such individual cases.

How might a satisfactory segregation of these distinctive functions be best achieved?

By effective case management at first instance, then overall management within an integrated structure.

2.6 What would be the advantages and disadvantages of having statutory redundancy appeals handled on an administrative basis, perhaps through the established social welfare appeals structure, given that statutory redundancy payments are now administered by the Department of Social Protection?

No comment

Appointment, tenure, etc, arrangements in new streamlined employment rights bodies 

2.7 Should the arrangements for the appointment and tenure of those working in/ appointed to the new streamlined employment rights bodies be changed, and if so, what should be the guiding principles?

Adjudicators; All positions at the level of current Rights Commissioners/EAT members and Labour Court members should be subject to open competition in line with public service norms and a panel of private arbitrators should be established.

Mediators.  The existing mediation and conciliation services should be supplemented with a panel of private accredited mediators

Information and Advice 

2.8 Should there be one website covering all employment rights and industrial relations matters?

Yes

2.9 Do you agree that a more coherent and co-ordinated approach to the provision of advice and information on industrial relations and employment rights issues should form part of the services of the new first instance body?

Most definitely

2.10 What is the best method of providing information and advice?

Website, social media (IBEC has an Employment Law ‘app’!) and by telephone. The Citizens Information networks have very accessible employment law advice

2.11 Should non-directive advice be provided to employees and employers on what options may be available to them on the basis of the facts provided and where to go for help if required?

As currently with NERA

Single Point of Entry /Submitting Individual Industrial Relations and Employment

Rights Claims

2.12 How can a single point of entry for all individual industrial relations and employment rights complaints/claims best be achieved?

Merge the LRC, the Rights Commissioner service and the EAT. Retain NERA as a separate body with close links to the new body with a clear role as a clearing house in minor or non contentious matters.  Once there is an integrated structure this will send a message that the system has been streamlined which should be accompanied with simpler forms.

2.13 Should there be a single application form for all individual first instance industrial relations and employment rights complaints/claims?

Yes.  However,  many claimants and respondents (including solicitors) do not take the forms seriously. I have experience of turning up to a Rights Commissioner hearing with only the scantiest information about the claim. No claim should be processed until a form is correctly completed

2.14 What measures could be taken to improve information gathering from complainants / applicants at application stage?

Simple. If the form is not completed to a reasonable standard that communicates the necessary information  to the other side then it should not be processed. It is a basic requirement of fair procedure that a respondent, say is in a position to defend a claim by knowing what gives rise to it. The stock invitation to parties from the Rights Commissioner service to attempt to resolve matters should be strengthened and enforced, perhaps as a condition of being granted a hearing, (although the mediation requirement would take care of this )

2.15 Should there be a consistent time limit for initiating all complaints/claims/appeals and if so what should it be?

Yes. Six months as at present. Reference to mediation should however ‘stop the clock’ for a duration of reasonable length, say one month.

2.16 Do you agree that more consistent arrangements are required for the representation of claimants so as to enable individuals to nominate a person to represent them at a hearing e.g. trades union official, solicitor, other representatives, etc?

No.

2.17 Where the power to present/refer a complaint is currently limited to the claimant, should it be extended to include the claimant’s trade union and, where appropriate, the claimant’s parent/guardian?

Yes, including in relation to appeals.

Enforcement 

2.18 Should there be a consistent method of enforcing awards of employment rights bodies and if so what should that be?

Circuit Court.

Facilitating early interventions and alternative dispute resolution methods 

3.1 What interventions should be available prior to a formal hearing or inspection to resolve grievances or non-compliance e.g. telephone contact, informal hearings, more formal mediation, conciliation or arbitration?

Mediation should be made a requirement as a default position and only in extreme circumstances should a party be excused from doing so. (see the principles laid down in Halsey v Milton Keynes NHS trust)

3.2 What is the best method of identifying suitable cases for early intervention?

Vigilance!

3.3 At what stage should the intervention take place, for example should it be available when the person first seeks information, prior to them lodging a complaint/claim or after a complaint/claim is lodged?

Both. There needs to be a stronger culture of this at workplace level and NERA should audit Discipline & Grievance procedures to ensure they contain a mediation option and that parties understand its use.

3.4 Is there scope for harnessing the expertise and capacity of personnel within the existing bodies to decide on straightforward issues where purely factual matters are in dispute?

Yes

3.5 Is there scope for forging positive connections between the public dispute resolution system and external experts in preventive alternative dispute resolution methods at workplace level?

Yes. Here are some proposals.

The Arbitration Act 2010 should be amended to remove the exclusion of employment related disputes.

A panel of suitably qualified private mediators should be established to provide early intervention or following referral to the new body.

3.6 Should parties be required to set their case out in writing?

No, but encouraged to do so as they may be at a disadvantage if they do not.

3.7 Should all complaints/claims be examined for potential interventions and should time limits apply to the offers of conciliation or mediation support?

Yes. But conciliation or mediation should not be an offer, but a requirement with adverse consequences for those who unreasonably refuse to cooperate

3.8 Are there particular kinds of issues, for instance, where mediation is likely to be especially helpful or, alternatively, where it is not likely to be helpful?

Mediation is helpful in almost all cases. An exception may be matters related to bullying or sexual harassment, for example.

3.9 Would there be merit in having a “preliminary hearing” process and if so how should it operate?

No, or very rarely. If mediation becomes a norm this is an unnecessary extra layer.

3.10 Should certain cases be dealt with on the basis of written submissions only?

In arbitration this is referred to as ‘Documents only’ arbitration and is common practise. Another option is Online Dispute Resolution (ODR) practised for example with great success by Ebay.  This might work for simple non compliance disputes.

3.11 Should attempts at resolution have any bearing on any subsequent hearing or should the process be confidential and not admissible in any hearing?

Yes, in the case of wilful refusal to participate in mediation or obstruction at it. Otherwise absolutely not. The idea of mediation is grounded in confidentiality and being without prejudice.

Conduct of Proceedings 

3.12 Should there be a uniform set of procedures regulating the conduct of hearings in all cases heard at first instance?

Not necessarily. Some standardisation might help. Rights Commissioners have different styles in relation to presentation of submissions etc but this is not necessarily harmful to the process (although apparently particularly disliked by lawyers).

3.13 Should first instance jurisdictions be empowered to dismiss what are adjudged to be frivolous, vexatious or misconceived claims without holding a formal hearing?

Probably not! But a costs penalty might assist in such cases.

3.14 Should hearings of employment rights disputes /appeals be heard in public or in private?

In public with a power to hold sensitive hearings ‘in camera’.

3.15 Should there be a uniform period for submitting appeals?

Six weeks

Submission by Workplace Solutions to Employment Rights Review

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(This is the first of a two-part submission; the second being responses to a set of questions posed by the DEJI as part of its consultation document. I have not yet posted that second part. It was submitted to the DEJI on September 15th 2011 )

Introduction

In the current discussion about reform of employment rights bodies the overriding issue for parties in dispute is how soon they can get to the point of settlement.

Their priority is to get early, amicable if possible and cheap resolution of the issues between them.

Others take a different view. One experienced employment law Senior Counsel has said that the starting point is that the ‘adjudication of legal rights’ is involved.

I do not share this view, whatever its academic credentials. If starting from this point of view leads us to where we are today we need to have a different starting point.

Of course the ‘legal rights’ base is important but in reality many (but not all) of the legal rights involved can be easily vindicated without having to endure the delays and other disadvantages of the current system.

Even in relation to more serious disputes (related to termination of employment mainly, also TUPE) the current legacy of treating them as legal rights does not serve the interests of justice if justice takes two and a half years to resolve a redundancy claim. This is not doing much to vindicate the legal rights of a young breadwinner.

So the correct starting point is what is necessary to achieve speedy and fair resolution of workplace disputes, consistent with recognising that legal rights are involved.

We have evolved techniques, and in the context of proposed legislation on mediation and conciliation in 2012 continue to develop solutions to the resolution of commercial and other disputes which have to a surprising extent passed by the world of employment rights disputes.

I support the creation of a single point of entry for all disputes, with appropriate reform of the forms etc. I agree that many claims (PWA, OWT, etc) could be dealt with either by the NERA inspectorate, without the necessity for a hearing or preferably by documents only arbitration or even Online Dispute resolution (ODR) techniques.

In all cases, (whether employment rights or industrial relations) the option of mediation (or conciliation as currently exists on the IR side) should be required. There should be an appropriate adverse consequence for unreasonably declining to avail of mediation, or unreasonably obstructing it (although in the absence of costs being awarded it is not immediately obvious what this should be).

However, it is now clear public policy both in political and judicial circles that early and amicable resolution of disputes is an imperative and we should not be over sensitive about acting to enforce this objective. It is also part of driving down business costs as we strive for greater competitiveness in the economy.

For example, the argument that a requirement to mediate somehow infringes the Article 6 rights in the EHCR has been strongly disputed, most recently by eminent UK legal authority in the person of Lord Justice Dyson, judge of the Supreme Court (and author of the judgement in Halsey v Milton Keynes NHS Trust, a leading case in the mediation v litigation debate).

There has been some discussion on the necessity for a hearing (at the current EAT level) to be conducted by lawyers because of the principle that legal rights are involved.

There may be some ‘lay’ adjudicators within the system who have an insufficient grasp of either the relevant law, or the law relating to fair procedure just as there nay be practising lawyers for whom the average Irish workplace is a distant country.

Knowledge of both should be a requirement for an adjudicator.  But there are non-practising lawyers, (or just non lawyers) who may be able to meet this requirement just as there are practising lawyers who cannot (the current Chairman of the Labour Court being a good example of the former as well as many current and former Rights Commissioners).

Arbitrators, for example may be involved in adjudicating sometimes complex disputes under the Arbitration Act 2010 and its predecessors involving millions of euros and while some are lawyers many are not and are no less competent as arbitrators as a result.

No-one would suggest that only a practising lawyer could conduct an arbitration. In this context, a similarly, appropriately qualified person who was not a solicitor or barrister would have little difficulty in spotting an unfair dismissal.

In addition there is no reason why an adjudicator who is not a practising lawyer (equivalent to the Chair of a current EAT division) should not have the option of legal advice if it was considered necessary.

In my view the system would then look like this.

Point of reference; assessment for one of three options

  1. Check by NERA for compliance, or settlement
  1. Option of mediation; panel of mediators to be created from suitably qualified applicants and existing Conciliation (LRC) and Mediation (Equality tribunal) services.
  1. Where mediation fails first instance adjudication by a single Adjudicator  (drawn from current Rights Commissioners supplemented by panel of Arbitrators)

Appeal to ‘new’ Labour Court (combined EAT and current Labour Court).

Cases to be assigned to divisions on the basis on known expertise. (One could have a redundancy/unfair dismissal division, general appeals, industrial relations etc.)

In particular one division should be assigned to deal with cases arising in small businesses.

On eligibility for appointment the requirement should be a high level of expertise in employment law, fair procedure and familiarity with workplace discipline and dispute resolution. It should not be a precondition that a person be a practising solicitor or barrister.

There should be appeal to Circuit court on a point of law only.

I do not favour separation of employment rights and industrial relations disputes. In fact, few disputes are entirely one or the other and this is a deeply conservative view of the needs of users of the system.  Appointees should be multi-disciplinary and competent to hear either and should rotate from one division to the other in the interests of their on-going professional development.

The Code of Practice/SI 146/2000

ACAS completed a review of its Code of Practise in June this year. Among its conclusions was that;

‘The Code was seen as able to lever a decrease in the number of disciplinary and grievance cases within an organisation by stimulating earlier resolution, before issues reached a formal grievance or disciplinary procedure.’

Of course this should be the overriding objective of such a code and in this writer’s view there is a need for a similar review of the Code of Practice/SI 146/2000 to evaluate whether it meets this objective.

In particular, this document needs to be reviewed to take account of the position of small enterprises in three key respects.

First, it is necessary to establish whether the document has any value as a dispute avoidance and resolution tool, or whether it is just a disciplinary guide, or even encourages the pursuit of grievances which might otherwise be settled.

Second, it is grossly unfair to expect the same level of record keeping and administration in a small business as is possible in a large enterprise with a dedicated HR department. Admittedly, the lack of records deprives a party of the certainty they need in their evidence but this should remain a matter for decision by the adjudicator, not an ‘offence’ in itself.

Third, the requirement to have an appeal layer in a small business is creating havoc.  In general, only the business owner can make the decision to dismiss and there is no-one to appeal to. Inviting an outside third party to adjudicate on whether the business wants to dismiss a person is preposterous and legally dubious.

Whether a dismissal is legal is another matter and that is one for the formal employment rights body to settle or decide.

However, the idea that the absence of an appeal renders a disciplinary process unfair per se must be corrected where no reasonable  option to hold one exists.

While the Code of Practice refers to mediation it is rare that this finds its way into ‘Contracts of Employment’ or the statutory statement of Terms of Employment. It is even less frequently availed of.

As a matter of priority NERA should use its persuasive presence in Irish workplaces to encourage the inclusion and use of mediation clauses in dispute resolution frameworks.

Finally, (and while I declare an obvious interest here) there is a growing body of employment law and HR consultants many with good dispute resolution skills, experience and sensitivity to issues arising in workplace disputes.  The definition of who may accompany an employee at internal disciplinary proceedings should be extended to include them.

However, the current restriction on legal representation should remain for the reasons it was initially introduced, except where this is required by the criterion of ‘severe career consequences’, or some other exceptional circumstance which seems to be the position at common law.

CIArb Ireland Conference on Mediation & ADR in Cross border context

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CHARTERED INSTITUTE OF ARBITRATORS

Irish Branch

presents a conference

MEDIATION & ADR IN CROSS-BORDER DISPUTES

Programme includes:

Key Note Address – David Ford MLA, Minister for Justice

The ‘Mediation Directive’ : EU cross border mediation – Nicola White BL

NI/RoI Employment Dispute Resolution : a comparison – Ciara Fulton, Tughans

ADR in Sport, north & south ‐ Dr Jack Anderson, Law Faculty, QUB

ADR in Construction : the adjudication process – Edward Quigg, Quigg Golden

A Judicial Perspective – The Honourable Mr Justice Gillen

What next for ADR? The president’s view – Brian Speers, The Law Society

Bookings: Cost: £75 or €75 per delegate For booking arrangements and confirmations please contact Mr Jarlath Kearney, Events Coordinator at:

Tel: +44 (0)2890 321022 & +353 (0)1 676 6744 Fax: +44 (0)2890 321023

jarlath@quigggolden.com Cheques payable to ‘CIArb NI Chapter’ Alternatively, book online at www.arbitration.ie/events.php

Date: 1030 – 1700, Thursday 29 September 2011 Venue: The Hilton Belfast, Lanyon Place Keynote speaker: David Ford MLA, Minister of Justice

Quigg Golden Limited 1 ‐ 3 Brunswick Street Belfast BT2 7GE or via www.arbitration.ie

‘Disputes know no borders’ CIArb cross border mediation event

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The Chartered Institute of Arbitrators has watched with keen interest as the landscape of dispute resolution has changed on both sides of the border in Ireland. In many instances the context may be different, for example, construction, commercial or family disputes, but the constant and consistent theme of alternative dispute resolution remains as steadfast as ever.

In the last year alone the media has been awash with articles with headlines such as “See you out of court” or “mediation, mediation, mediation”, and it clear that the alternative dispute resolution message is finally getting through to even the most cynical minds.

So what has changed? The answer comes from a variety of sources ranging from enlightened advice, financial common sense, well drafted contracts, through to new legislative initiatives. The Chartered Institute of Arbitrators has watched as lip service has been paid to theory of alternative dispute resolution, but not the practice because it relied on disputing parties to try to resolve differences on a voluntary basis. Now however the rules are changing and slowly but surely a “legal requirement” or a court invitation to attempt to resolve disputes by way of alternative dispute resolution techniques such as mediation is fast becoming the rule rather than the exception.

In Northern Ireland this year the Cross Border Mediation (Regulations) Northern Ireland 2011 were passed into law in April. These Regulations implement Directive 2008/52/ECof the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, which applies to cross border disputes.

Local companies and businesses engaged in cross-border trade should be familiar with the new Regulations as they may impact upon them in the event of a commercial dispute and thus a sound working knowledge of alternative dispute resolution techniques in a cross-border context becomes an invaluable asset.

The Chartered Institute of Arbitrators is holding a one day conference on alternative dispute resolution in relation to cross border disputes from a variety of perspectives – commercial, employment, sport and so on, on 29th September in the Hilton Hotel Belfast. The conference will feature speakers including the Minister for Justice, industry specialists and members of the judiciary.

More information is available here.

If you would like to attend please contact Jarlath Kearney CIArb Event Coordinator on 028 90 321 022 orjarlath.kearney@quigggolden.com or pat.brady@workplacesolutions.ie