Professional Associations: The use of arbitration as a method for settling land disputes is making "positive progress" according to the newly appointed chairman of the Chartered Institute of Arbitrators (Irish Branch).
The institute is appointing an "increasing number of assessors in land acquisitions between local authorities and members of the Irish Farmers Association", according to the new chairman, Dermot F Roughan.
The head of Roughan ADR Services of Dublin and a chartered engineer, Roughan has been a professional arbitrator for more than 15 years and a chartered engineer for almost 40.
The skills of the arbitrator are increasingly being used to settle disputes related to compulsory purchase orders, he said.
The new NRA/DOELG/IFA scheme was introduced "whereby there is an agreement between the various organisations, with those embracing it no longer having to travel the route of statutory arbitration", Roughan said.
While there had been a "slow start" to this scheme, possibly brought about by normal suspicions about a new approach, the number of references to the institute has increased rapidly, "as the outcome is seen to be equitable with a minimum of bureaucracy and reduced administration costs".
Members of the institute may also find themselves increasingly being called in over proposed new construction contracts. These contracts typically contain dispute resolution clauses which specify the forum for settling disputes, he said.
"This is due for change soon and the Chartered Institute of Arbitrators will be flexible in dealing with the change."
While arbitration is used in the majority of disputes coming before the institute, there was also a growing interest in the use of the mediation and conciliation processes, Roughan added.
The Chartered Institute of Arbitrators (Irish Branch) was formed in 1982 and now has 600 members, including lawyers, surveyors and architects.
It trains professionals in the skills needed to solve a wide range of disputes, from construction and property through insurance, shipping and accounting.
