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  • Andrew Gubbins Mediation
    agreement to negotiate with the state in the Waterford Crystal Pensions case The news that UNITE has agreed to mediation with the State is very welcome and I would hope that this will bring us closer to a settlement that would bring peace of mind and resolution for the Waterford Crystal workers and their families said Ciara Conway T D I ve been working on behalf of ex Waterford Crystal workers since I came into office and I m very pleased that a mediation process has been agreed upon This is something my colleague the Tánaiste Joan Burton Minister at that the Department of Social Protection has been trying to arrange for some time Counsel on behalf of the State made contact with UNITE s Solicitors on two occasions in January and February of this year but no response was received at that time I m very pleased that there s now an agreement to partake in the mediation process and I wish them well in the negotiations and hope that a satisfactory agreement can be reached In the wake of the European Court of Justice ruling the Government made financial provision for this issue In the Budget speech Minister Noonan said he would introduce a 0 15 pension levy both to help fund the Jobs Initiative and also to make provision for potential State liabilities which may emerge from pre existing or future pension fund difficulties Following that the State wrote to the solicitors representing the Waterford Crystal workers taking the case offering settlement and the possibility of mediation to arrive at same if required The State made the offer in an effort to resolve the proceedings and bring clarity and finality to the issue for the workers rather than risk court proceedings dragging on for some time and

    Original URL path: http://www.andrewgubbins.ie/newsitems.php?bc=read&getnews=198 (2016-02-18)
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  • Andrew Gubbins Mediation
    Nowadays it s not regarded as a sign of weakness that one side would suggest mediation it s regarded as good common sense What figures exist suggest mediation is a small but increasingly popular means of resolving commercial disputes A survey carried out by the ICMA this month found there were 133 mediations in Ireland last year compared to just 18 in 2003 Austin Kenny the association s chair speculates the true figure could be closer to 250 300 but gauging the scale of a process that necessarily takes place below the public radar is difficult In Government moves are afoot to establish the process on a statutory footing The secretary general of the Department of Public Expenditure and Reform Robert Watt told the seminar the Civil Service was working to formalise mediation as a key component of its legal and dispute resolution system A mediation Bill being drafted will according to Watt make provision for a code of practice for mediators and introduce a statutory requirement for solicitors to inform their clients about the mediation option before beginning court proceedings It will also provide for the courts to invite parties to consider mediation including allowing for court proceedings to be adjourned for the period of mediation Such practices are already established in the rules of the Commercial Court where proceedings can be adjourned for up to 28 days to allow parties to explore the option Mediation is no panacea It doesn t suit every type of dispute and there will always be people who want their day in court But the benefits of success are clear It saves money time and business relationships says Kenny In the ICMA s survey 63 per cent of respondents said their clients were concerned about the cost of litigation Some 43 per cent

    Original URL path: http://www.andrewgubbins.ie/newsitems.php?bc=read&getnews=197 (2016-02-18)
    Open archived version from archive