It is great to see more great results from Mediation. Mediation resolves 80% of disputes!

Vast majority of complaints to financial ombudsman resolved through mediation

This is a great Article on Mediation in the workplace. Using Mediation in the workplace is a great way of reducing exposure to legal issues from employees.

https://www.independent.ie/business/in-the-workplace/how-would-mediation-work-for-my-firm-as-an-alternative-way-of-dealing-with-disputes-36877389.html

Appelbe Mediation have carried out many work place meditations, in particular in the areas of bullying, harassment including sexual harassment dealing with procedure violations, formal warnings, grievance procedures, health and safety in the workplace and internal codes of practice. Avoiding claims of unfair dismissals including constructive dismissals or any claim going to the Employment Appeals Tribunal or Rights Commissioner tends to be of high priority for employers  and Human Resource managers in various industry types.

Appelbe Mediation provide meditation services Nationwide , in particular in the Munster counties of Cork, Kerry, Limerick and Tipperary.

Circuit Court Rules

Mediation and other alternative dispute resolution processes : S.I. No. 11 of 2018

1. (1) These Rules, which may be cited as the Circuit Court Rules (Mediation) 2018, shall come into operation on the 22nd day of January 2018.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2018.

(3) The Circuit Court Rules 2001 to 2018 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2018.

2. The Circuit Court Rules are amended:

…

(iii) by the insertion immediately following Order 33 of the Order set out in the Schedule hereto,

…

1. In this Order:

the “2017 Act” means the Mediation Act 2017 (No. 27 of 2017);

each of the expressions “mediation”, “mediation settlement” and “mediator” has the same meaning as in section 2 of the 2017 Act;

“another ADR process” means arbitration, conciliation or such other dispute resolution process as may be approved by the Court, but does not include mediation.

2. An application by a party under section 16(1) of the 2017 Act shall be by notice of motion, on notice to the other party or parties and shall be made within the period mentioned in section 16(4) of the 2017 Act. An application under section 16(4) of the 2017 Act to dispense with the requirement for an affidavit may be made ex parte.

3. (1) The Court may issue an invitation to consider mediation mentioned in section 16(1) of the 2017 Act of its own motion in any civil proceedings to which the 2017 Act applies, on any occasion on which such proceedings are before the Court and where, following an invitation by the Court, the parties decide to engage in mediation, the Court may, having heard the parties, make such orders in accordance with section 16(2) of the 2017 Act as it considers appropriate.

(2) An application by a party to civil proceedings under section 19(1) of the 2017 Act for an order adjourning the proceedings shall be by notice of motion, on notice to the other party or parties, but need not be grounded upon any affidavit.

4. If all of the parties to civil proceedings (including any third parties) agree at a mediation on the terms of an order to be made, including an order for the final disposition of the proceedings, the Court may make the order.

5. (1) An application under section 11(3) of the 2017 Act to enforce the terms of a mediation settlement shall:

(a) where the mediation settlement concerns proceedings pending before the Court, be by notice of motion, or

(b) where there are no proceedings pending before the Court concerning the subject matter of the mediation settlement, be by originating notice of motion,

in either case grounded upon an affidavit sworn by or on behalf of the moving party which shall exhibit and verify the mediation settlement.

(2) Copies of the originating notice of motion or notice of motion, grounding affidavit and any exhibits shall be served on each other party to the mediation settlement and filed not later than 14 days before the date fixed for the hearing of the application.

(3) Each other party to the mediation settlement may serve and file a replying affidavit not later than seven days before the date fixed for the hearing of the application.

6. (1) A mediator’s report required by section 17 of the 2017 Act shall be entitled as in the proceedings to which it relates and shall be submitted to the Court by the filing by the mediator of an affidavit verifying and exhibiting the report.

(2) An application under section 17(2) of the 2017 Act for a direction to dispense with the requirement that a copy of the report be given to the parties at least seven days prior to its submission to the Court may be made ex parte.

7. Every statutory declaration required by section 14(2) or, as the case may be, section 15(2) of the 2017 Act shall be filed in the Office and a copy served on the defendant.

8. Notwithstanding any other provision of these Rules, if proceedings are referred to mediation, the time for taking any step in the proceedings under any of those Rules shall, unless the Court otherwise orders, be calculated as if time did not run during the period of any adjournment to facilitate the mediation.

9. (1) The Court, on the application of any of the parties or of its own motion, may, when it considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—

(i) invite the parties to use another ADR process to settle or determine the proceedings or issue, or

(ii) where the parties consent, refer the proceedings or issue to such process,

and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of another ADR process, if any, as the Court may specify.

(2) Where the parties decide to use another ADR process, the Court may make an order extending the time for compliance by any party with any provision of these Rules or any order of the Court in the proceedings, and may make such further or other orders or give such directions as the Court considers will facilitate the effective use of that process.

10. An application by a party for an order under rule 9 shall be by notice of motion, on notice to the opposing party or parties, or without such motion at any other time when the proceedings are before the Court.

11. Save where the Court for special reason to be recited in the Court’s order allows, an application for an order under rule 9 shall not be made later than 28 days before the date on which the proceedings are first listed for hearing.

12. Where the Court has adjourned proceedings to enable the parties to consider using mediation or another ADR process,

(a) the Court may list the proceedings from time to time for a report as to the extent of progress made in the mediation or other ADR process;

(b) any party may, on notice to the other party, apply for any order made under rule 9 or any consequential order made or direction given to facilitate the use of mediation or another ADR process to be varied or discharged.

A Declaration as to compliance with section 14 and secition 15 of the Mediation Act 2017 is required to be lodged with the District Court. A draft is below which can be ammended as appropriate.

Schedule C
O.39,r.6(2)

District Court Area of

District No.

Record number

Between

………….. Claimant

………….. Respondent

STATUTORY DECLARATION AS TO COMPLIANCE WITH SECTION *14 *15 OF THE MEDIATION ACT 2017

I, …….. of ……. , *practising solicitor *practising barrister, aged eighteen years and upwards, do solemnly and sincerely declare that:

1. I act on behalf of …….. of …….. , the *claimant in the above-named proposed proceedings (in this declaration referred to as my “client”).
2. I have advised my client to consider mediation as a means of attempting to resolve the dispute the subject of the proposed proceedings.
3. I have provided my client with information in respect of mediation services, including the names and addresses of persons who provide mediation services.
4. I have provided my client with information about—

(i) the advantages of resolving the dispute otherwise than by way of the pro posed proceedings, and

(ii) the benefits of mediation.

5. I have advised my client that mediation is voluntary and may not be an appro priate means of resolving the dispute where the safety of my client and/or their children is at risk.
6. I have informed my client of the matters referred to in sections 10, 11 and 14(2) and (3) of the Mediation Act 2017.

I make this solemn declaration conscientiously believing the same to be true for the purposes of section *14 *15 of the Mediation Act 2017 and by virtue of the Statutory Declarations Act 1938.

Signed: …….

Declared before me ……… [name in capitals] a *(Judge of the District Court) *(commissioner for oaths/practising solicitor) *(peace commissioner) *(notary public) by the said ……..

*[who is personally known to me]

*[who is identified to me by …….. who is personally known to me]

*[whose identity has been established to me before the taking of this Declaration by the production to me of

†passport no. ….. issued on the ….. day of. ………. by the authorities of ………, which is an authority recognised by the Irish Government,

†national identity card no. …… issued on the …. day of ……… by the authorities of ………. which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,

†Aliens Passport no. ( ……… issued on the … day of…… by the authorities of …….. which is an authority recognised by the Irish Government,

†refugee travel document no. …… issued on the …. day of ….. by the Minister for Justice and Equality,

† travel document (other than refugee travel document) …… issued on the ….. day of …… by the Minister for Justice and Equality,]

At ……… this….. day of ……. 20…….

Signed: ……………

*Judge of the District Court *Commissioner for Oaths / *Practising Solicitor / *Peace Commissioner / *Notary Public

This statutory declaration has been filed with the District Court Clerk at …… on the….. day of ….. 20 ……..

*Delete where inapplicable

†Where relevant, provide details of the document by which identity has been established and delete the remaining alternatives.

Name: Workplace Mediation Seminar with the Mediators’ Institute of Ireland organised by Cork Chamber of Commerce.
Date: January 17, 2018
Time: 9:00 AM – 2:00 PM GMT
Location: Cork Airport Hotel

Event Description:
Mediators’ Institute of Ireland (MII) ½ day seminar for HR practitioners and business leaders on Wednesday 17th January 2018.
The purpose of this seminar is to discuss the benefit of using qualified mediators to resolve workplace disputes through the use of Mediation.
We have highly-experienced and very interesting speakers who work at the cutting edge of workplace dispute resolution in Ireland. The format for the morning will involve speakers from MII and industry.
The seminar will conclude with a Panel Discussion followed by a networking lunch
This seminar is fully sponsored by MII and attendance is free fro Cork Chamber of Commerce members.

Susan is a Mediator who works in the Munster area predominately in Cork. Susan is from Bandon in West Cork and is a regular visitor for business and pleasure to West Cork, in particular to to Skibbereen, Schull on the Mizen Peninsula, Clonakilty and Castletownbere on the Beara Peninsula. Susan worked for many years as a solicitor. She has many specialist areas these include Family Mediation, Agricultural Mediation, Commercial Mediation and Workplace Mediation.