The,New,High,Court,Rules,Media law The New High Court Rules on Mediation in Ireland
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 /* 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";mso-fareast-font-family:"Times New Roman";}A new Order 56A of the Rules of the Superior Courts(Mediation and Conciliation) 2010,will be in force by late November 2010 andwill be similar to the procedure in the Commercial Court whereby a High Courtjudge may now adjourn legal proceedings to allow the parties engage in an ADRprocess. This means mediation,conciliation or any other dispute resolution process approved by the HighCourt. These rules will contain a costs sanction for those who fail or refusewithout good reason to participate in an ADR process.What does this mean for anybody involved in proceedings in the High Court?ADR may now become mandatory over time in the High Court.The Chief Justice, Mr. Justice John Murray recently told a legal conferencethat the Government should do more to promote a professional mediation serviceand alter the perception of the courts as the first and only resort for disputeresolution. Its inevitable that the parties to boardroom and shareholderdisputes, property or commercial contract, divorce and family law, IP andtrademark, cases, and even medical negligence cases may be required to engagein ADR. However, the judges will prefer if the parties embrace ADR at a much earlierstage and have first explored their options rather than be required to engagein a process which should be entered into voluntarily.The new rules will provide for a procedure whereby the court can invite theparties to attend an information session on the use of mediation. Accordinglyanybody contemplating High Court litigation today must be aware of the nuts andbolts of mediation, arbitration, conciliation or adjudication. Otherwise, itsvery likely that an unwilling party will be penalized with a costs sanction.This will be particularly relevant to state bodies with the current focus onthe need to reduce legal expenses.Brian WalkerOctober 2010 Normal 0 MicrosoftInternetExplorer4 /* 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";mso-fareast-font-family:"Times New Roman";} Normal 0 MicrosoftInternetExplorer4 /* 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";mso-fareast-font-family:"Times New Roman";}Author blog:http://www.cpdseminars.ie/blog/Article URL:http://www.cpdseminars.ie/blog/the-new-high-court-rules-on-mediation-2/
The,New,High,Court,Rules,Media