Aims and Objectives

This complimentary, one-hour, online webinar will provide members with a practical overview of the Mediation process and members' statutory obligations in relation to Mediation from the practitioner's perspective. We will consider the solicitor’s obligations in relation to advising clients of the option of Mediation, the pros and cons of the Mediation process versus other dispute resolution mechanisms, but also the various strategic choices practitioners face when planning a Mediation. We will also outline the role of the Court in relation to directing Mediation and the potential costs consequences of failing to engage in mediation, plus recent judicial consideration of Mediation Settlement Agreements.

Learning Outcomes

• To understand the obligation to advise clients considering litigation of the option of Mediation
• To understand the benefits and drawbacks of the Mediation process in practice
• To understand the strategic importance of choice of Mediator and the timing of mediation
• To understand the Mediation process and machinery
• To understand the importance of well-drafted Mediation settlement agreements 
• To understand the role of the Court in directing Mediation, potential costs consequences and other recent developments in the law in this regard

Chairperson
Hannah Shaw, Senior Associate, A&L Goodbody, Dublin
Hannah is a senior associate in the Dispute & Investigations department in A&L Goodbody. Hannah is an experienced commercial litigator specialising in large scale commercial disputes in particular in the areas of injunctions, public procurement, construction, property (with a focus on landlord and tenant disputes), financial services, commercial contracts, and competition. She represents clients not only in Court work but also has extensive experience of alternative dispute resolution including negotiation and mediation. She is also a member of the Alternative Dispute Resolution Committee and the Younger Members Committee

Speakers

Mrs Justice Eileen Roberts, Judge of the High Court, Dublin
Prior to being appointed to the judiciary, she was also a Partner and Chairwoman of A&L Goodbody and CEDR accredited mediator. Eileen's former practice as a commercial litigator specialised in large scale commercial disputes in particular in the areas of property, corporate disputes, financial, pensions, transport (maritime and aviation) and insurance disputes. 
As part of her former practice, she also acted for parties involved in mediations for many years and has successfully mediated a wide range of disputes ranging in value from €50,000 to several million euro. She had particular mediation experience in property, professional negligence, family business and commercial disputes.  She was a panel mediator and member of the Irish Commercial Mediation Association and was also a member of the Law Society's panel of mediators.

Deirdre Hennessy, Senior Associate, ByrneWallace, Dublin
Deirdre Hennessy is a Senior Associate in the ByrneWallace LLP Infrastructure, Construction and Energy Group. Deirdre specialises in advising on the contentious and dispute resolution side of construction law. Deirdre has a comprehensive understanding of construction projects and acts for clients involved in all construction sectors, including main contractors, sub-contractors, employers and designers. Although specialist in disputes and dispute avoidance advice, she has extensive experience advising on a wide range of specialist construction matters and general litigation matters affecting construction clients. She represents clients in Adjudications, Mediations, Conciliations, Arbitrations and Court. Deirdre also advises on drafting and negotiating all forms of construction contracts in relation to the respective liabilities of the parties and has negotiated contracts on behalf of Employers, Contractors, Consultants, Sub-contractors and Funders.

Helen Kilroy, Partner, McCann FitzGerald, Dublin 
Bachelor of Law, UCD (1987). Solicitor (1991). Partner in McCann FitzGerald (1998) and former Head of the firm’s Litigation & Dispute Resolution Department (2008-2015). CEDR Accredited Mediator (2004).  Member of the FAI’s Elections Committee, the Irish Sports Council's Disciplinary Appeals Board and the Irish Hockey Association’s Appeals Commission and the Law Society’s ADR Committee. Helen has a wide-ranging experience in the field of commercial litigation and related advisory work, in particular in handling corporate, banking, insurance and property disputes. She has extensive experience in successfully mediating two party and multi-party commercial disputes covering the following subject matter: Agency, banking, breach of contract, contractual interpretation, competition, conflicts of interest, construction, debt claims, defamation, dilapidations, distribution, employment, energy, environmental, fiduciary duties, franchises, fraud, funds, guarantees, insurance, intellectual property, judicial review, landlord & tenant, media, negligence, oppression, partnerships, pensions, probate and administration of estates, product liability, property, regulatory compliance, service provision, shareholder deadlock, telecoms, trusts, valuations, warranties.

IMPORTANT:

• Unless otherwise indicated our Zoom Webinars and Meetings are held live and are not recorded. If you miss the live Webinar/Meeting, you cannot play back the event. You also may not avail of your CPD Hours for that event.
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