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Effective Mediation in Ireland – What all good litigators need to know.
Aim and Objectives
Mediation has been used in Ireland for many years, supported both by the judiciary and by the Oireachtas, most recently by the Mediation Act 2017. In this session, the ADR and Litigation Committees in partnership with Law Society Professional Trianing will explore how mediation is evolving to meet Irish clients' changing needs (including during COVID) and will focus on emerging trends and developments, exploring what solicitors need to know so as to best serve their clients' interests.
Topics and Issues to be covered
- The Mediation Act 2017 in practice - has it achieved its aim/scope for further reform
- Optimum timing of mediation
- How to choose a mediator
- Overcoming obstacles to mediation
- Tools available to help solicitors engage in or advise on mediation
- Law Society Mediation precedents
ChairAlison Kelleher, Partner, Comyn Kelleher Tobin, Chair ADR Committee
Liam Kennedy SC, Former Chair Litigation Committee, CEDR Accredited Mediator, Partner A&L Goodbody
Liam Kennedy, an A&L Goodbody Partner, specialises in commercial dispute resolution including: product liability; M&A; securities/auditors’ litigation (including international class actions); EU and competition law; and constitutional litigation. Liam is also a member of the Council of the Law Society of Ireland and a Law Society nominee on the Ireland for Law initiative (which promotes Irish law and Irish lawyers internationally), on the Superior Courts Rules Committee and the Remote Courts Taskforce.
William Aylmer, Former Chair ADR Committee, CEDR Accredited Mediator, Consultant, Compton Solicitors
William is a practicing solicitor and trusted adviser since 1994. He is a practicing mediator since 2003 and founder member of the CEDR Ireland Mediator Practice Group established in 2011 He specialises in commercial litigation, commercial dispute mediation and arbitration. William has acted for corporate and private clients in most sectors including Energy, Transport, Pharmaceutical, Environmental Services and Charities / Not-for-profit, in non-contentious business including advising on public funding agreements and contentious business including construction arbitrations, injunctions, specific performance actions, judicial reviews, product liability suits, professional malpractice claims, partnership and shareholder disputes, breach of contract and personal injury actions. William is a recognised leader in the field of alternative dispute resolution. He is a founder member and former Council Member of ICMA, the Irish Commercial Mediation Association and a member of the Dublin Solicitors’ Bar Association where he served on Council for three years.
Helen Kilroy, CEDR Accredited Mediator, Partner, McCann FitzGerald
Helen Kilroy’s practice covers commercial disputes, related advisory work and mediation. She has wide-ranging experience in corporate disputes, particularly shareholder disagreements and breach of warranty claims. She advises law firms and their insurers in professional negligence claims and partnerships in various professions. She has wide-ranging experience in property disputes, compulsory purchases, statutory investigations and enforcement. She is an accredited CEDR mediator and has conducted over 150 commercial disputes.
Michael Peart, former Judge of the Court of Appeal, CEDR Accredited Mediator
Michael Peart qualified as a solicitor in 1970, and practised mainly in the area of litigation for 32 years. In 2002 he became the first practising solicitor to be appointed as a judge of the High Court, and in 2014 he was appointed a judge of the newly established Court of Appeal where he served until his retirement in October 2019. Since his retirement Michael has achieved accreditation as a mediator (C.E.D.R.). During the past twelve months he has been regularly engaged by solicitors to act as mediator in many types of dispute, and has been impressed by the number of such mediations which have concluded with an agreed settlement.
Lisa Broderick, Partner, DAC Beachcroft
Lisa specialises in complex litigation particularly before the Irish Commercial Court, High Court, Court of Appeal and Supreme Courts. She has a wide range of experience in advising clients across a range of sectors including financial services, professional firms, property developers, public bodies, corporate entities and pharmaceutical companies. Lisa is known for working very closely with her clients to achieve what is the best and most appropriate position for their circumstances and as close as can be achieved to their desired outcome. She provides very clear, pragmatic advice in a direct and strategic way and is a member of the Committee of the Commercial Litigation Association of Ireland.
Alison advises both Public and Private Health Service Providers, specialising in the defence of professional and clinical negligence proceedings with particular experience in resolving high value contentious disputes at mediation. Alison joined CKT’s Cork office in 2015 having previously practised in London and Dublin, acting on behalf of a number of leading indemnifiers in complex healthcare disputes, including catastrophic claims of maximum severity. A CEDR Accredited Mediator, Alison is the Chair of the Law Society’s ADR Committee
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