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Ireland now has the capacity to be a major player as an international centre for resolving disputes. The US, European and other multinationals operating in India must be totally frustrated with the legal system there that is now issuing hearing dates in the High Court for December 2020. Notwithstanding that the Indian people are renowned for their longevity of life, it is highly unlikely that many of these large companies or personnel might be available to prosecute and defend these cases in 320 years time. The time is now ripe for Irish lawyers and other professionals to be upskilled in alternative dispute resolution and lets see a reversal of outsourcing, the reverse outsourcing of legal disputes in India to the Emerald Isle.
Foreign businesses can now state that they want their disputes settled here. A recent amendment to the rulebook of the High Court now provides that any one of the 37 High Court judges can freeze the proceedings and invite the parties to engage in mediation as opposed to litigation. It’s called S.I. No. 502 Rules of the Superior Courts (Mediation and Conciliation) 2010 which comes into effect on 16th November 2010.
Obvious candidate cases to be sent to mediation will be boardroom and shareholder disputes, building disputes, divorce and family law cases, building disputes, trademark and patent cases, whiplash, personal injuries liquidation and insolvency cases and any other case at the discretion of the judge such as medical negligence cases.
On the home front, the new Mud’s Bill, the Multi Unit Developments Bill 2009 is expected to be enacted into law in December 2010 and this new apartment management company law includes similar provisions with regard to disputes in this area which will affect over 500,000 people living in housing schemes and apartment complexes nationwide. If you are an investor or a resident here you need to know about this new law as it will introduce mandatory sinking funds of at least €200 per apartment per annum. After 1 July 2011 you will not be able to buy or sell an apartment if the common areas have not been transferred from the developer to the management company.
Brian Walker is an Irish practicing barrister and the head of CPD Seminars, one of Ireland’s most established training bodies in mediation. face to face mediation