The Gazette 1994

AUGUST/SEPTEMBER

1994

GAZETTE

T h e I r i sh S o c i e t y f o r E u r o p e an L a w

subscription is £30.00 (£15 for students and those qualified for less than three years). The annual subscription includes entitlement to a copy of the Irish Journal of European Law for the year of membership. the annual subscription) should include name, address and, where relevant, year of qualification and should be sent to the Hon. Treasurer Ms. Anne Nagle, Solicitor, Solicitor's Office, Telecom Eireann, Harcourt Centre, 52 Harcourt Street, Dublin 2. Tel: (01) 671 4444 ext. 5053. Other correspondence should be addressed to the Hon. Secretary, Mr. Noel Travers, Barrister, Faculty of Law, University College Dublin, Roebuck Castle, Dublin 4. • which we are officers, solicitors also have a duty to themselves and their families to consider new methods and i techniques which may enhance the | profitability, "user-friendliness" and indeed continued survival of their j practices. Mediation may well be one such technique. Applications for membership (which should be accompanied by payment of Apart from our duty to our clients and | to our overburdened judicial system of i In the event that a dispute shall arise ; between the parties, the parties hereby agree to participate in hours (four or six hours is recommended) of mediation in accordance with the procedures of (name of mediation company). The parties agree to equally share the costs of such mediation. | *Brian H. MacMahon B.C.L. MSc. (Mgmt), Solicitor is principal of Arthur E. MacMahon, Solicitors, Naas, Co. Kildare. Appendix • Sample Mediation Clause

Officers and Council for 1994 - 1995

Hon. Treasurer Ms. Anne Nagle, Solicitor

President Judge Brian Walsh

Committee Members Ms. Nuala Butler, Barrister Mr. Anthony Collins, Barrister (Co-Editor of the Society's Journal) Ms. Edwina Dunne, Solicitor Mr. Edward Donnellan, Barrister Mr. Gerard FitzGerald, Solicitor Ms. Fionnuala Kilcullen, Barrister Ms. Monika Leech, Barrister Mr. Patrick McGovern, Solicitor Mr. John Meade, Solicitor Mr. Kieran Mooney, Barrister Mr. Andrias O'Caoimh, Senior Counsel Mr. James O'Reilly, Senior Counsel (Co-Editor of Society's Journal) Ms. Ann Walsh, Solicitor. Membership of the Society is open to lawyers and to others interested in European Law. The current annual away from developments in one State in the U.S., where failure to advise a client in a commercial dispute of the existence of ADR techniques was held to amount to professional negligence! Solicitors have a number of valuable and potentially profitable roles in the mediation process. They can act as advocates for their client at the initial joint meeting. Throughout the process, they act as advisers to their clients, consulting throughout the risk- analysis process and providing advice Conclusion

Vice-Presidents Judge Thomas F. O'Higgins

Judge Andreas O'Keeffe Judge Donal Barrington Judge John Murray Mr. Vincent Landy, Senior Counsel Mr. Finbarr Murphy, Barrister Dr. Eamonn G. Hall, Solicitor Mr. Vincent Power, Solicitor Chairman Mr. Bryan Sheridan, Solicitor Vice-Chairman Mr. Arthur F. Plunkett, Barrister Hon. Secretary Mr. Noel Travers, Barrister of family law and industrial relations ; in Ireland. However, despite increasing pressure on our courts system, our legislature has not as yet adopted ADR methods in a more widespread way as a means to address that pressure. While The Queens Bench Commercial Court in England ; ". . . . the judges of the court wish to encourage parties to consider the use of Alternative Dispute Resolution (ADR), such as mediation and conciliation, as a possible additional means of resolving particular issues or disputes. The judges will in appropriate cases invite parties to consider whether their case, or certain I issues in their case, could be resolved by means of ADR. . . . The clerk of the Commercial Court will keep a list of individuals and bodies that offer mediation, conciliation and has now done so in a Practice Direction in 1994, as follows:

on legal issues. They will also normally draft the settlement document and be involved in its implementation.

ADR abroad is helping to improve the profitability of processing lawyers' case loads, in particular of risky or "no foal no fee" cases, and is helping to boost lawyers' incomes. It is also ; creating greater client satisfaction with lawyers' services, and improving client loyalty. There is no reason why it should not have the same effect in this jurisdiction.

other ADR services. . . . This p ractice statement will be drawn to the attention of all persons commencing proceedings in the Commercial List."

In this jurisdiction we are a long way

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