ReSolution | Nov 2017 6
O’Farrell J referred to the principles applicable to the court’s discretion to extend time identified by Popplewell J inTerna v Al Shamsi [2012] EWHC 3283(Comm), the primary factors being:1. the length of the delay;
2. whether the delaying party was acting reasonably in allowing the time limit to expire; and
3. whether others had contributed to the delay.
Ireland’s Mediation Act
On 2 October 2017, Ireland signed its Mediation Act 2017 (the Act) [link to legislation on NZDRC website] into law, but it is yet to come into force.
The Act serves to reinforce existing provisions recognising mediation in the Irish High and Commercial Court, as well as in the Rules of the Superior Courts, providing a requirement for parties to litigation to consider mediation and to confirm to the Courts that they have done so.
A court may invite the parties to the proceedings to consider mediation, whether of its own motion, or on application of a party to the proceedings. The Act provides costs sanctions where parties unreasonably refuse or fail to engage in a mediation process following such an invitation.
The Act excludes disputes that are being investigated or mediated before the Workplace Relations Commission from its scope, however it will apply to other claims arising from the workplace, such as claims for personal injuries or breach of contract.
Family Dispute Resolution – it’s not happening (much)
Nigel Dunlop, one of the FDR Centre’s highly skilled family mediators working in the area of child care and contact disputes has written recently on the FDR mediation process and the reasons why it has seen limited uptake.
Read the article by Nigel xx in FDR Centre's website. You may read Nigel's full article in the Family Advocate, Volume 19, Issue 1 or read a copy in FDR Centre's website.
Family Mediation – Why would you try it?
Barbara McCulloch, another of FDR Centre’s highly sought after mediators has also written on the topic of family mediation, setting out the reasons why the mediation process can be so effective for those individuals who find themselves embroiled in highly personal disputes.
You may read Barbara’s full article here.
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