Ireland. Country Q&A Ireland. Paul Convery and Peter Johnston Mason Hayes+Curran. Country Q&A TYPES OF DISPUTE RESOLUTION COURT LITIGATION - GENERAL

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1 Dispute Resolution 2010/11 Ireland Ireland Paul Convery and Peter Johnston Mason Hayes+Curran TYPES OF DISPUTE RESOLUTION 1. Please give a brief overview of the main dispute resolution methods used in your jurisdiction to settle large commercial disputes, identifying any recent trends. Large commercial disputes are generally resolved through High Court litigation. Alternative dispute resolution (ADR) and, in particular, mediation has increasingly become an effective and well-used alternative to traditional court proceedings. The courts have wide experience in handling large and complex commercial disputes. The High Court Commercial List (Order 63A, Rules of the Superior Courts 1986, as amended) was established in 2004 as a commercial division of the High Court to handle high value, complex cases on an expedited basis. payment of damages to the injured party; the same period as the injured party is allowed for suing the contributor. Judicial review. For judicial review of an administrative decision, the application must be brought promptly and, in any event, within three months of the date on which the grounds for the application arose. The court has discretion to extend this period if it considers that there is good reason to. Defamation. Claims in defamation must be brought within one year of the cause of action accruing. There is discretion to extend this period to two years in the interests of justice. Enforcement. An action to enforce a judgment must be brought within 12 years from the date the judgment becomes enforceable. Judges dealing with commercial disputes that are not appropriate for the Commercial List are often willing to adopt aspects of the Commercial List s rules, such as: Case management. Allowing proceedings to be stayed for a finite period of time to allow the parties to consider ADR. Despite the growth and acceptance of ADR, the majority of the commercial disputes are resolved by the adversarial system before a judge. 3. Please give a brief overview of the structure of the court where large commercial disputes are usually brought. Are certain types of dispute allocated to particular divisions of this court (for example, IP, competition or maritime disputes)? Claims above EUR38,000 (about US$51,780) can be issued in the High Court. The High Court has an unlimited monetary jurisdiction. Large commercial disputes are usually brought in the Commercial List, the Non-Jury List or the Chancery List of the High Court (see below). COURT LITIGATION - GENERAL 2. What limitation periods apply to bringing a claim and what triggers a limitation period? Please briefly set out any different rules for particular areas of law relevant to large commercial disputes, for example contract, tort and land disputes. Contractual and tort claims must generally be brought within six years from the date the cause of action accrued. However, the limitation period can vary according to the type of dispute: Personal injury. Where personal injuries are involved, the time limit is two years from (whichever is later): the date the cause of action accrued; date of knowledge of the person concerned. Contribution. In relation to a party seeking a contribution from a concurrent wrongdoer, there is a two-year time limit after (whichever is greater): ascertainment of liability; The High Court has several divisions, including the: Commercial List. This has discretion as to whether or not it agrees to hear a case. It typically deals with complex intellectual property disputes and commercial cases with a value generally in excess of EUR1 million (about US$1,362,690). Non-Jury List. This includes claims for breach of contract, professional negligence actions and debt collection. Chancery List. This includes injunction applications, company law matters, specific performance and rescission actions. Admiralty List. Common Law List. Examiner s Court (insolvency). Family Law List. Judicial Review List. Competition List. CROSS-BORDER HANDBOOKS 153

2 Ireland Dispute Resolution 2010/11 Cases are usually heard and determined by one judge. Juries are not involved in civil claims, except for claims in relation to defamation or civil assault. Ireland is a common law jurisdiction. The answers to the following questions relate to High Court procedures. Insurance Litigation insurance is not readily available. COURT PROCEEDINGS 7. Are court proceedings confidential or public? If public, are the proceedings or any information kept confidential in certain circumstances? 4. Which types of lawyers have rights of audience to conduct cases in courts where large commercial disputes are usually brought and what requirements must they meet? Can foreign lawyers conduct cases in these courts? All civil hearings and judgments are generally held in public to comply with constitutional requirements. However, the court has discretion to order that a hearing or part of the evidence should be heard in private. This frequently occurs in family law cases. The legal profession is divided into barristers and solicitors. Typically, barristers are instructed by solicitors and appear on behalf of litigants in the courts. A solicitor qualified to practise in Ireland has a right of audience in any Irish court. In general, foreign qualified lawyers do not have an automatic right of audience in the Irish courts and must first satisfy the admission requirements of either, where appropriate, the: Law Society of Ireland. Honourable Society of Kings Inns. 8. Does the court impose any rules on the parties in relation to pre-action conduct? If yes, are there penalties for failing to comply? Claimants or their solicitors commonly send a letter of claim to a potential defendant. However, this is not a requirement except in the case of a claim for personal injuries. Although a letter of claim is not a requirement in relation to other types of claims, the determination of legal costs may be affected if a letter is not sent. FEES AND FUNDING 5. What legal fee structures can be used? For example, hourly rates, task-based billing, and conditional or contingency fees? Are fees fixed by law? Lawyers generally bill based on hourly rates or by way of a fixed fee. There is no fixed scale fee for commercial litigation fees. Typically, in contentious matters, legal fees cannot be calculated as a specific percentage or proportion of any damages or other monies that become payable to the client. Pure debt collection legal fees structures can be varied. It is possible to enter into conditional fee agreements. Conditional fee arrangements such as no foal, no fee (where a client is not charged a fee if their case is unsuccessful) are common in personal injury matters, but uncommon in commercial disputes. 9. Please briefly set out the main stages of typical court proceedings, including the time limits (if any) for each stage, any penalties for non-compliance and the role of the courts in progressing the case. In particular: How a claim is started. How the defendant is given notice of the claim and when the defence must be served. Subsequent stages. Starting proceedings To start proceedings the claimant must file at court and serve on the defendant one of the following (depending on the cause of action): A plenary summons. A summary summons. A special summons. 6. How is litigation usually funded? Can third parties fund it? Is insurance available for litigation costs? Funding Commercial litigation is usually funded from a party s own resources with the potential to recover a proportion of the costs from its opponent if successful in the litigation (see Question 21). Third party funding arrangements are usually not permissible. A person who assists another to maintain or defend proceedings without having a bona fide interest is usually found to be acting unlawfully and contrary to public policy. The summons sets out details of the parties, the basic nature and value of the claim, and the reliefs being sought. In plenary proceedings, an additional document known as a statement of claim must also be prepared, setting out further details of the nature of and basis for the claim. Notice to the defendant and defence Once a plenary summons has been served, the defendant typically has eight days to enter an appearance. An appearance is a short document which confirms that a party will either be: Defending itself in the proceedings. Appearing in court to contest jurisdiction. 154 CROSS-BORDER HANDBOOKS

3 Dispute Resolution 2010/11 Ireland If a party is served abroad, the time limit within which an appearance must be entered is extended to five weeks. In the High Court, a party can enter an appearance outside of the stated time limits without the defendant s agreement. However, if a defendant fails to file an appearance after the statement of claim has been delivered, the claimant may be entitled to apply for judgment in default of appearance. A defendant has 28 days after the date of delivery of the statement of claim to deliver a defence. If a defence is not received within that 28- day period, the claimant must send a warning letter to the defendant stating that a motion seeking judgment in default of defence will be issued within a further 21 days if the defence is not received. Subsequent stages After receiving a statement of claim, a defendant usually sends a notice for particulars. This is a document seeking further information in relation to allegations raised in the statement of claim. A claimant has 21 days to reply to a notice for particulars, failing which the defendant can issue a motion compelling the claimant to deliver a reply to the notice for particulars. A defendant is usually allowed an opportunity to obtain a response to a notice for particulars before having to submit his defence, even if the time limit for submission has elapsed. Further pleadings, such as a reply to a defence or a counterclaim may also be delivered. Discovery typically only begins once pleadings have been exchanged (see Question 16). The other party can then file a replying affidavit. Once the affidavits have been exchanged, the matter is determined at a hearing. 11. Can a defendant apply for an order for the claimant to provide security for its costs? If yes, on what grounds? The court can order an individual claimant to provide security for the defendant s costs if it is satisfied that all of the following apply: The claimant is not resident in Ireland, or a European Union or European Free Trade Association state. The defendant has a defence on the merits in the action. The claimant does not have sufficient assets in Ireland. The claimant s inability to provide security for costs does not arise from the defendant s wrongdoing. The court can order a corporate claimant to provide security for the defendant s costs of the proceedings if it is satisfied that all of the following apply: It appears on credible testimony that there is reason to believe that the company will be unable to pay the defendant s costs if the defendant is successful in its defence. The defendant has a defence on the merits in the action. The corporate claimant s inability to provide security for costs does not arise from the defendant s wrong. In the High Court, matters tend to take at least two to three years to reach trial. The Commercial Court process is generally much faster and cases have proceeded to trial within 14 weeks from entry in the Commercial List. Summary proceedings Summary proceedings can be brought in relation to liquidated debt claims. The special summons procedure applies to matters such as administration of the real and personal estate of a deceased person, or in relation to the administration of a trust. INTERIM REMEDIES 10. What actions can a party bring for a case to be dismissed before a full trial (for example, summary judgment or for a claim to be struck out)? On what grounds must such a claim be brought? Please briefly outline the procedure that applies. The court can strike out a party s pleadings, either in whole or in part, if it is satisfied that any of the following apply: The pleadings are unnecessary or scandalous. The pleadings disclose no reasonable cause of action or defence. The pleadings are frivolous and vexatious. The party seeking the order must file and serve a notice of motion supported by an affidavit (that is, a statement of fact sworn by the party seeking the order), explaining the basis for the order sought. 12. In relation to interim injunctions granted before a full trial: Are they available and on what grounds are they granted? Can they be obtained without prior notice to the defendant and on the same day in urgent cases? Are mandatory interim injunctions to compel a party to do something available in addition to prohibitory interim injunctions to stop a party from doing something? The court can grant an interim injunction before trial if it is satisfied that all of the following apply: There is a serious issue to be tried. The balance of convenience favours the granting of an injunction. Damages would not be an adequate remedy. For any interim remedy, a copy of the application notice must generally be served on each respondent to the application (see also Question 13). However, interim injunctions can be obtained without prior notice or on the same day if the case is sufficiently urgent. Mandatory interim injunctions are available, in addition to prohibitory interim injunctions. The test for granting the injunction is the same as for normal interim injunctions (see above). However, a mandatory injunction requires some form of positive action by the respondent, which may affect the application of the balance of convenience test. This is because the court bears in mind that the order may carry a greater risk of injustice if wrongly granted, in comparison with the effect of an order that merely preserves the situation. CROSS-BORDER HANDBOOKS 155

4 Ireland Dispute Resolution 2010/ In relation to interim attachment orders to preserve assets pending judgment or a final order (or equivalent): Are they available and on what grounds must they be brought? Can they be obtained without prior notice to the defendant and on the same day in urgent cases? Do the main proceedings have to be in the same jurisdiction? Does attachment create any preferential right or lien in favour of the claimant over the seized assets? Is the claimant liable for damages suffered as a result of the attachment? 14. Are any other interim remedies commonly available and obtained? If yes, please give brief details. The interim remedies described in Questions 10 to 13 broadly address the remedies commonly available and obtained. FINAL REMEDIES 15. What remedies are available at the full trial stage (for example, damages and injunctions)? Are damages just compensatory or can they also be punitive? Does the claimant have to provide security? The court has discretion to, where appropriate, grant a wide variety of interim remedies to preserve assets pending judgment: An order freezing the defendant s or intended defendant s assets (in Ireland and, if appropriate, worldwide). An order requiring a supervised search of a defendant s premises and seizure of evidence which may otherwise be destroyed. An order restraining a defendant from doing certain acts until trial. An order requiring a party to provide disclosure of specific documents. An order requiring a party to pay money into court (including an order that a claimant pay money into court as security for the defendant s legal costs, where the appropriate application is successful). An order requiring a third party to provide documents relevant to the issues in dispute. Generally, a court grants a freezing order if it is satisfied that it is just and convenient, and the claimant establishes both a: Good arguable case. Real risk that the defendant will dissipate its assets so that any judgment against it will not be satisfied. These orders can be made if the main proceedings are in another jurisdiction. For any interim remedy, a copy of the application notice must generally be served on each respondent to the application. However, in some limited circumstances an interim remedy can be obtained without prior notice or on the same day if the case is sufficiently urgent (see also Question 12). The claimant can be liable for damages in tort if the order was wrongfully obtained in abuse of the court process. The court requires the claimant to provide an undertaking that it will comply with any damages order that is made if the interim order was wrongly granted. If the claimant breaches this undertaking, he is in contempt of court. The most common remedy is damages to compensate a claimant rather than punish a defendant. Damages can be awarded in any currency. A court has the discretion to award exemplary or aggravated damages, but these are rarely awarded. Depending on the nature of the proceedings, the court can also make a declaration or issue a permanent injunction restraining a certain act or, less commonly, order a specific act. Interest is usually payable on judgment debts at a rate of 8% or another commercial rate as the court orders. EVIDENCE 16. What documents must the parties disclose to the other parties and/or the court? Are there any detailed rules governing this procedure? Once litigation is reasonably anticipated, parties are advised to retain all relevant documents. In addition, an officer of a company is guilty of an offence if he either (section 243, Companies Act 1990): Destroys, mutilates or falsifies a document affecting or relating to a company s property or affairs. Is privy to the destruction, mutilation or falsification of a document affecting or relating to a company s property or affairs. This is unless he proves that he had no intention to conceal the state of affairs of the company or to defeat the law. Rule 12, Order 31 of the Rules of the Superior Courts 1986, as amended, sets out the rules governing discovery. Discovery typically takes place once pleadings are closed. It involves the disclosure of relevant documents by one or all of the parties to the proceedings. The request must set out in detail the various categories of documents sought and the reasons why they are sought. If a party refuses to agree to a request for voluntary discovery, an application is usually made to have the disputed categories determined by the court. Once discovery has been agreed or determined by the court, an affidavit of discovery is sworn by each party. This lists privileged and non-privileged documents. Broadly, a party is usually required to make discovery of documentation in its power, procurement or possession (that is, documentation that it has in its possession and which it can obtain possession of). 156 CROSS-BORDER HANDBOOKS

5 Dispute Resolution 2010/11 Ireland 17. Are any documents privileged (that is, they do not need to be shown to the other party)? In particular: Would documents written by an in-house lawyer (local or foreign) be privileged in any circumstances? If privilege is not recognised, are there any other rules allowing a party not to disclose a document (for example, confidentiality)? Privileged documents There is no obligation to show or provide copies of privileged documents to the other party or parties to the proceedings. In summary, documents are legally privileged if either: They are part of communication between a lawyer and a client, prepared for the dominant purpose of giving or obtaining legal advice. They are generated for the dominant purpose of obtaining evidence or legal advice in relation to the dispute (this applies when litigation is reasonably anticipated). Advice from in-house lawyers may be privileged, provided it contains legal and not commercial advice. Other non-disclosure situations A party to litigation cannot avoid disclosing a document or information merely because it is confidential, whether to that party or a third party. Where a party asserts that the relevant material involves technical secrets, the court generally restricts its disclosure to certain individuals, so that the material is not used or disclosed further to the prejudice of the party concerned. The court can order that one expert give evidence on a particular issue. This is usually done in relation to evidence of a technical nature and the parties jointly instruct the expert. Role of experts The expert s duty is to the court rather than to the client. The expert must be impartial and independent. Right of reply When giving oral evidence, an expert can reply to the other party s expert s report. Fees An expert s fees are paid by the party instructing him. However, these fees form part of the costs of the action that the successful party may recover from the opposing party (see Question 21). APPEALS 20. In relation to appeals of first instance judgments in large commercial disputes: To which courts can appeals be made? What are the grounds for appeal? Please briefly outline the typical procedure and timetable. Appeals from the High Court are made to the Supreme Court. An appeal is a review of the decision, not a re-hearing. New evidence is rarely allowed. 18. Do witnesses of fact give oral evidence or do they just submit written evidence? Is there a right to cross-examine witnesses of fact? Generally, witnesses of fact give oral evidence at trial and can be crossexamined. There is no general requirement for witness statements to be prepared and exchanged before trial, unless the parties agree otherwise. In Commercial List proceedings, the court directs that witness statements be prepared and exchanged before the trial. Witnesses can be cross-examined on the contents of their statement and may be permitted to expand the contents of their statement. 19. In relation to third party experts: How are they appointed (for example, are they appointed by the court or by the parties)? Do they represent the interests of one party or provide independent advice to the court? Is there a right to cross-examine (or reply to) expert evidence? An appeal will only succeed if the Supreme Court considers that the decision was: Wrong. Unjust procedurally or due to another irregularity. Appeals to the Supreme Court typically take in excess of two years to be heard, although an expedited procedure may be available in exceptionally urgent cases. COSTS 21. Does the unsuccessful party have to pay the successful party s costs and how does the court usually calculate any costs award? What factors does the court consider when awarding costs (for example, any pre-trial offers to settle)? The court generally has discretion in relation to awarding legal costs. The general rule is that the unsuccessful party is ordered to pay the successful party s legal costs. Typically, a successful party will recover a significant portion of its legal costs. Who pays the experts fees? Appointment procedure Experts are generally appointed by the parties to the litigation rather than by the court. The court can take into account any open settlement offers made when exercising its discretion to award costs. This includes where a lodgement or a without prejudice save as to costs offer has been made. Settlement discussions which are entirely without prejudice cannot be considered by the court. CROSS-BORDER HANDBOOKS 157

6 Ireland Dispute Resolution 2010/ Is interest awarded on costs? If yes, how is it calculated? Interest on costs is typically awarded and is calculated at a rate of 8% per annum from the effective date of the court order. ENFORCEMENT 23. What are the procedures to enforce a local judgment in the local courts? Consumer protection. Patents. Financial services. 25. Do local courts respect the choice of jurisdiction in a contract (that is, if the parties agree that claims will be brought in the courts of a foreign jurisdiction)? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction? If a judgment debtor does not discharge a judgment, the principal remedies available to a judgment creditor are: Obtaining an order for the seizure or attachment of assets. Obtaining an instalment order. Following an examination by the court of the judgment debtor s means, the court orders the judgment debtor to pay a fixed amount each week or month to the creditor. If the judgment debtor defaults in the payment of the instalments, the creditor can apply to court for a committal order (that is, the court orders the debtor to be committed to prison for contempt of court). This remedy is applicable to individuals only. Registering a judgment mortgage over land or other properties owned by the debtor. Issuing a petition commencing bankruptcy proceedings (in the case of an individual). Issuing a petition commencing winding up proceedings (in the case of a body corporate). Obtaining an order for the judgment debtor to be examined on oath in the High Court in relation to his assets. Issuing proceedings to force the sale of land or other property owned by the judgment debtor, over which the judgment creditor has registered a charge or judgment mortgage. Sending the local sheriff to seize the judgment debtor s goods. In addition, a register of judgments is maintained in the offices of the High Court. This register is open to public inspection. An entry on the register is likely to adversely affect a judgment debtor s credit rating and, therefore, its ability to obtain additional credit. CROSS-BORDER LITIGATION The courts generally respect choice of jurisdiction in a commercial contract. However, the courts can accept jurisdiction irrespective of the parties express choice of a foreign jurisdiction in certain circumstances, including: Where the jurisdiction clause is non-exclusive and the Irish court otherwise has jurisdiction to hear the dispute. Where the defendant enters an unconditional appearance to the claim brought in the Irish court. Where: neither party is domiciled in a contracting state to the Brussels Regulation or the Lugano Convention; Ireland is the most appropriate forum for the action, having the most real and substantial connection to it. 26. If a foreign party obtains permission from its local courts to serve proceedings on a party in your jurisdiction, please briefly outline the procedure to effect service in your jurisdiction. Is your jurisdiction party to any international agreements affecting this process? If the proceedings to be served are from another EU member state, service can be effected under Regulation (EC) No. 1393/2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters (Service of Documents Regulation). The proceedings must be sent to the Master of the High Court, with a request for service by the designated transmitting agency in the country of origin. If any particular method of service is requested, the Master of the High Court can direct service in the manner requested. However, if he is satisfied that the method is incompatible with the law of the state or the practice and procedure of the court, he directs that the party concerned is personally serviced with the proceedings. Personal service should be effected by delivering one copy of: The document to be served. 24. Do local courts respect the choice of law in a contract (that is, if the parties agree that the law of a foreign jurisdiction will govern the contract)? If yes, are there any areas of law in your jurisdiction that apply to the contract despite the choice of law? The courts respect an express choice of law in a commercial contract, unless there are public policy reasons for not doing so. Certain mandatory rules may be applied irrespective of the parties choice of law clause, including rules relating to: Any relevant translation. The Master of the High Court directs that service must be effected by either: The Chief State Solicitor. A person or persons designated for that purpose by him or by the Central Authority. Ireland is also a party to the HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and 158 CROSS-BORDER HANDBOOKS

7 Dispute Resolution 2010/11 Ireland Commercial Matters 1965 (Hague Service Convention), although the Service of Documents Regulation prevails. 27. Please briefly outline the procedure to take evidence from a witness in your jurisdiction for use in proceedings in another jurisdiction. Is your jurisdiction party to an international convention on this issue? If the witness is willing to give evidence in support of proceedings in another jurisdiction, there is generally no need to involve the Irish courts. If the witness is not willing to give evidence voluntarily, the requesting court generally must issue a letter of request to the Irish court. The court s powers to assist foreign proceedings derive from Regulation (EC) No. 1206/2001 on co-operation between the courts of the member states in the taking of evidence in civil or commercial matters. This applies to all EU member states except Denmark. It governs requests by the court of an EU member state: To take evidence directly within Ireland. For the Irish courts to take evidence for use in the foreign proceedings. The request must be made using the form annexed to the Regulation and must contain (among other things) a description of the case and the questions or matters to be put to the witness. If this Regulation does not apply, the Irish courts usually exercise their discretion. appointed by both parties facilities the parties in reaching a negotiated agreement. The third party typically has no decision making power. Arbitration. A third party, who has decision making powers, is appointed by the parties or under a dispute resolution provision in a contract to adjudicate the dispute. Arbitration rules are governed by statute. Conciliation. This form of ADR is used mainly in construction disputes. It is very similar to mediation but is distinguished from it by the fact that the independent third party is more of an evaluator than a facilitator. Rules governing the ADR procedure are often agreed between the parties on an ad hoc basis. Alternatively, ADR bodies provide model rules (see Question 35). 30. Does ADR form part of court procedures or does it only apply if the parties agree? Can courts compel the use of ADR? In general, there is no requirement for the parties to undertake any ADR before or during proceedings. However, the Commercial Court has jurisdiction to suggest mediation. A Commercial Court judge can direct that the proceedings be adjourned for any period (not exceeding 28 days) he considers appropriate to allow the parties time to consider whether the proceedings ought to be referred to a process of mediation, conciliation or arbitration. In addition, the High Court can direct mediation in personal injury claims (section 15, Civil Liability and Courts Act 2004). 28. What are the procedures to enforce a foreign judgment in the local courts? If the judgment is from a contracting state to the Brussels Regulation or the Lugano Convention (that is, in the EU or EFTA countries), the party seeking enforcement must issue a notice of motion supported by an affidavit specifying the protective measures, if any, requested by the applicant. This application is heard before the Master of the High Court, seeking enforcement of the judgment. The contents of the affidavit are specified by Rules 5 and 6, Order 42A, of the Rules of the Superior Court Rules 1986, as amended. For non-eu and non-efta countries, enforcement of judgments is governed by common law rules. ALTERNATIVE DISPUTE RESOLUTION 29. What are the main alternative dispute resolution (ADR) methods used in your jurisdiction to settle large commercial disputes? Please briefly outline the procedures that are typically followed and any rules that apply. 31. Is ADR confidential? ADR is usually confidential. However, this is a matter for the parties to decide. 32. How is evidence given in ADR? Can documents produced or admissions made during (or for the purposes of) the ADR later be protected from disclosure by privilege? Generally, the mediator or evaluator tries to agree the procedure with the parties in advance. If agreement cannot be reached, he makes directions for the conduct of the ADR process. In a mediation, the parties generally prepare for the mediator: Written submissions. Copies of the documents they would like the mediator to read to familiarise himself with the matter. At the mediation, it is usual for each party to make an oral statement to the mediator and the opposing party. The main types of ADR are: Mediation. This is the most popular from of ADR. It is a confidential and consensual process where a third party Without prejudice privilege protects communications, whether written or oral, which are made as a genuine attempt to CROSS-BORDER HANDBOOKS 159

8 Ireland Dispute Resolution 2010/11 compromise a dispute. The rules of the ADR process usually protect: Documents produced for the purposes of mediation or other non-binding ADR processes. Admissions made during that process, from subsequent disclosure to the court. 33. How are costs dealt with in ADR? The costs of the ADR process are a matter for agreement between the parties. Generally, the parties agree to share the cost of the mediation or evaluator. 34. Is ADR used more in certain industries? If yes, please give examples. ADR is used in a range of industries, but particularly in the construction and insurance sectors. 35. Please give brief details of the main bodies that offer ADR services in your jurisdiction. No official bodies offer ADR services. However, a number of commercial bodies offer ADR services. REFORM 36. Please summarise any proposals for dispute resolution reform and state whether they are likely to come into force and, if so, when. The Law Reform Commission published a consultation paper on ADR. It provisionally recommended that key principles underlying ADR, in particular mediation and conciliation, should be set out in statutory form. A Mediation Bill has subsequently been discussed but not yet initiated. It is unclear whether the Law Reform Commission s recommendations will be made statutory. Directive 2008/52/EC on mediation in civil and commercial matters (Mediation Directive) is currently at the early stage of review in relation to how best to secure implementation within the national framework of legislation. It will be transposed into Irish law on 21 May CONTRIBUTOR DETAILS Paul Convery and Peter Johnston Mason Hayes+Curran T F E W Cross-border Cross-border Handbooks Cross-border Handbooks are multi-jurisdictional guides that cover a wide range of practice areas. They provide an in-depth jurisdictional question and answer analysis of how the law is applied in different jurisdictions and a guide to leading practitioners worldwide. For more information please visit: about/handbooks Over 3,400 organisations worldwide subscribe to s services. This includes over 80% of the UK s 500 largest law firms, the UK offices of 70% of the Am Law 100 firms and 90% of FTSE CROSS-BORDER HANDBOOKS

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