In a most welcome development, the Department of Expenditure and Reform has issued a Circular (17/2017 which is effective since 26 October 2017) which has the effect of obliging Government Departments, offices and public bodies to consider resolving workplace, contract and other disputes through mediation before resorting to litigation or arbitration. The Circular confirms that it is Government policy to promote mediation and states that the Irish Government Economic and evaluation Service and the Comptroller and Auditor General have recommended mediation as a means of efficient and cost-effective dispute resolution. The Circular refers in particular to the usefulness of mediation in workplace disputes. The Circular wishes to achieve a greater use of mediation by obliging managers to consider mediation.
The Circular defines mediation and sets out the principles and the benefits of mediation and provides information on existing mediation services.
The Circular recognises that mediation is not always a viable option and certain issues are excluded from the scope of the Circular. Where mediation is not used, a written note must be kept explaining the rationale for the decision using certain factors contained in the Circular.
This initiative coming hot on the heels of the Mediation Act 2017 is sure to increase the usage of mediation as a means of dispute resolution.
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