Ireland,Ahern,signs,provision, law Ireland : Ahern signs provision to promote mediation in the
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Normal 0 MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";}The Minister for Justice and Law Reform, Dermot Ahern, T.D., has introducednew High Court rules to promote mediation and conciliation in proceedings inthe Superior Courts. The rules were introduced following provisionalrecommendations from the Law Reform Commission in its Consultation Paper onAlternative Dispute Resolution (ADR). The Rules provide for a mechanism similar to the type used extensivelyin the Commercial Courtwhereby a judge can order the parties to engage in ADR. The provisions specifythat the refusal or failure without good reason of a party to participate inmediation or conciliation may be taken into account by the court when awardingcosts. The aim of this measure is to minimise the cost of the proceedings andto ensure that the time and other resources of the court are employedoptimally.The rules also complement the provision in section 32 of the Arbitration Act2010 introduced by the Minister earlier this year which facilitates recourse toarbitration in disputes already the subject of litigation.Announcing the move, the Minister said:"Mediation is increasingly recognised as a cost effective andtimely means of resolving disputes. Parties are generally more satisfied withsolutions that have been mutually agreed, rather than a solution imposed by athird party. Those who have reached agreement through mediation are alsogenerally more likely to follow through and comply with its terms. I see real benefits to the parties involved and to the State inpromoting the greater use of mediation and other ADR systems within the courtsas an alternative to litigation in appropriate circumstances."The Rules of the Superior Courts (Mediation and Conciliation) 2010 will comeinto operation on 16 November 2010. Brian WalkerArticle url: http://www.cpdseminars.ie/mediation/the-law-of-bankruptcy-in-ireland/Mediation Blog url : http://www.cpdseminars.ie/blog/ Brian Walker is a practicingbarrister in the Law Library with over 35 years experiencein the area of Commercial and Company Law and a successful mediatorwith a depth of experience in company and commercial litigation.He is at the head of CPD Seminars, one of Irelandsmost established training bodies in mediation http://www.cpdseminars.ie
Ireland,Ahern,signs,provision,