Rules of the Superior Courts (Mediation and Conciliation) 2010

• Jurisdiction: Ireland
• Citation: IR SI 502/2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th October, 2010.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by The Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 15th day of July, 2010.

John L. Murray

Nicholas Kearns

Donal ODonnell

John Edwards

Patrick O’Connor

Mary Cummins

Paul McGarry

Noel Rubotham

I concur in the making of the following Rules of Court.

Dated this 19th day of October, 2010.

DERMOT AHERN

Minister for Justice and Law Reform

S.I. No. 502 of 2010

RULES OF THE SUPERIOR COURTS (MEDIATION AND CONCILIATION) 2010

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Mediation and Conciliation) 2010, shall come into operation on the 16th day of November 2010.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2010.

2. The Rules of the Superior Courts are amended:

(i) by the insertion immediately following Order 56 of the following Order:

“Order 56A

Mediation and Conciliation

1. In this Order:

“an ADR process” means mediation, conciliation or another dispute resolution process approved by the Court, but does not include arbitration;

“party” includes the personal representative of a deceased party.

2. (1) The Court, on the application of any of the parties or of its own motion, may, when it considers it appropriate and having regard to all the circumstances of the case, order that proceedings or any issue therein be adjourned for such time as the Court considers just and convenient and—

(i) invite the parties to use an ADR process to settle or determine the proceedings or issue, or

(ii) where the parties consent, refer the proceedings or issue to such process,

and may, for the purposes of such invitation or reference, invite the parties to attend such information session on the use of mediation, if any, as the Court may specify.

(2) Where the parties decide to...