The Joint Oireachtas Committee for Justice, Defence and Equality received 16 submissions regarding the draft Mediation Bill, and held public hearings between 9 - 23 May attended by various ADR institutions. All those involved in the hearings broadly welcomed the proposed legislation.It was noted that mediation in relation to family proceedings is relatively advanced in Ireland, but outside of this sphere, public awareness of the option of mediation needed to be raised. It was noted that large numbers seek recourse through the Irish courts without considering mediation because they are either unaware of it or do not understand it.
It was also acknowledged that the absence of any regulation of mediators was one of the main difficulties and it was suggested that there be an umbrella group to ensure that all mediators are subject to a disciplinary and grievance procedure. In addition, it was submitted that it be mandatory for mediators to publish a code of conduct under which they practice. It was also suggested that a national register of mediators be compiled for public use.
Confidentiality of mediation was also highlighted as essential and it was suggested that the draft Bill be amended to provide statutory protection for mediators against being called as witnesses in subsequent litigation unless overwhelmingly in the interests of justice.
It was noted that the Draft Bill could give effect to the Mediation Directive (as opposed to having separate enabling legislation). If so, the Bill could 'super-apply' the Directive to domestic as well as cross-border mediations.
The Minister for Justice will now consider these issues in his final drafting of the Bill.