2016 | Agosto 11
A party should consider the appropriateness of mediation to the particular dispute before requesting the Court to invite the parties to mediate.
The Irish Superior Court Rules (the “Rules”) allow Judges to adjourn Court proceedings and invite disputing parties to mediate. If one party refuses the invitation, the Courts may take that refusal into account when awarding costs and may even penalise a successful party that refused a Court invitation to mediate.
Recently, in Atlantic Shellfish Ltd & anor v. The County Council of the County of Cork & ors  IEHC570, the Court of Appeal considered the circumstances in which a Court should exercise its discretion to make an Order inviting parties to litigation to engage in mediation.
Mediation Not Always The Answer