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'Increased willingness' to consider arbitration

Almost 70 professionals from legal, engineering, construction and the insurance industry gathered at the Clayton Hotel, Lapp's Quay, Cork to hear about the growing popularity of Alternative Dispute Resolution.

Organised by the Chartered Institute of Arbitrators, and sponsored by Comyn Kelleher Tobin, the annual event heard from senior counsel Lorraine O' Sullivan and Comyn Kelleher Tobin litigation partner Eamon Harrington.

The 22 March gathering was chaired by Justice Marie Baker, a Cork native and presiding judge of the Court of Appeal.

Awareness

The audience heard that the Mediation Act 2017 has led to an increased awareness and willingness by the judiciary to look to ADR in appropriate circumstances.

 Eamon Harrington, spoke on the versatility of ADR recognising that while litigation will always remain the dominant mechanism in resolving disputes, there are now several alternative mechanisms, such as arbitration, mediation and conciliation, which have distinct advantages of privacy and efficiency.

Keith Kelliher, chair of the Chartered Institute of Arbitrators (CIArb) Ireland, said “Alternative Dispute Resolution (ADR) has undergone a transformation in Ireland over the last decade.

“Since 2010 we have seen great strides in getting all aspects of ADR incorporated in Statute, with the introduction of the Arbitration Act 2010, the Construction Contracts Act 2013 and the Mediation Act 2017.

Dispute management

“As the world leading professional body for dispute avoidance and dispute management the CIArb aims to assist individuals and organisations in avoiding, managing and resolving conflict and ensuring that the highest standards of training and education in the field is available to those who wish to assist parties in achieving this goal.

“The forum was a testament to the desire to achieve this goal and to help in advancing the existence of and benefits of ADR.”