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Wednesday, June 29, 2022

High success rate for mediation, says former judge

More than three-quarters of legal disputes that go to arbitration in Ireland are being successfully resolved, according to a former Appeals Court judge, who now works as an arbitrator.

Justice Michael Peart was speaking at a discussion on international arbitration, one of several events that took place on Monday as part of the inauguration of Dublin International Disputes Week.

The week, which includes a two-day conference and a series of satellite events, is being organized to promote Ireland as a center for international dispute resolution.

Due to the constitutional right to access the courts, it is not mandatory for litigants to attempt arbitration in Ireland.

However, by law, solicitors must advise clients to consider it. In recent years judges have also urged the parties to consider arbitration, to help reduce the backlog in courts.

There are no official statistics on the success rate of arbitration in Ireland.

“But there’s a lot of anecdotal evidence coming from the moderators with whom I’ve discussed things like this and my own experience is that it [the success rate] 75pc,” said Mr Justice Pert.

Ogier Lemon’s partner solicitor Ronan McGoldrick in Dublin, who hosted the discussion, said that in his experience the success rate was between 75pc and 80pc.

He said that even in cases where mediation does not work, it can still be important when it comes to litigation in reducing issues between the parties. He also noted that a major advantage was that where disputes arise between parties with a long-standing and valuable commercial relationship, arbitration can sometimes be a means of continuing that relationship.

Jennifer Fox, a partner with Ogier in the Cayman Islands, said the primary driver for arbitration was a desire to avoid the cost of an expensive litigation process. But she said there could be other factors.

“You want to avoid the costs of litigation and the risks associated with litigation in public, matters that can cause harm not only financially but also in terms of public relations and various other issues, so there are many reasons why arbitration is a course. You might want to go downstairs,” said Ms. Fox.

Dublin International Disputes Week continues on Tuesday with a conference at the Mansion House featuring a range of Irish international speakers on issues such as cross-border disputes and reorganization.

World Nation News Desk
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