NORTHERNBUSINESS: The North's Law Society offers mediation courses in bid to avoid costly trials, writes Róisín Ingle in Belfast
In theory, Northern Ireland seems an obvious breeding ground for dispute resolution services that offer a successful alternative to the courtroom, saving businesses and individuals millions in legal fees. Mediator supreme Mr George Mitchell acted as a go-between for the parties involved in the Belfast Agreement, while less successfully South African lawyer Mr Brian Currin continues his attempts to broker a deal in the annual Drumcree parades dispute.
In practice, however, Alternative Dispute Resolution (ADR), a mediation service launched last week by the Law Society of Northern Ireland, may take a while to catch on. "It will be a slow growth area," said the man responsible for pioneering ADR in Belfast, barrister Mr Brian Speers. "But we really feel that this is a system whose time has come."
Mr Speers, a trained mediator with local legal firm Carson Morrow Graham, has been an advocate of the process for the past eight years. He has just returned from New York where he acted as a facilitator in a course for lawyers wishing to add this less-traditional string to their bow. The concept has emerged over the past 10 years in response to conventional litigation and is now widely used in the US, Canada, the Far East and, more recently, in the UK. Trained mediators use conciliation techniques to reach resolutions that can be less costly, less labour intensive and far more flexible than achieved in the more adversarial setting of the courtroom.
Increasingly, larger companies, health trusts, local authorities and government agencies are looking at ways to avoid litigation and explore other methods that will ensure continued goodwill among the parties. According to the Law Society, the service has been developed in the face of building pressure from the business community to settle disputes more quickly and at less cost to all concerned. Civil justice reform recommendations in the UK have intensified the need to address settlement of disputes at an early stage.
"A great many cases are settled on the steps of the courtroom, or the night before a case and what we are saying is why not look at alternative ways of resolving the dispute before going to court," said Mr Speers. Mediation differs in many ways from litigation: the decision is non-binding; the proceedings are carried out in private; while agreement is reached between the parties themselves with no decision or judgment from the mediator. It is a system familiar to those involved in resolving marital or community conflicts. In Northern Ireland, where there are currently around 50 lawyers trained in mediation, the commercial world is now expected to follow suit.
Mr Alphy Maginness, a director of the Central Services Agency (CSA) which supplies legal services solely to the NHS, said ADR would be useful in medical negligence cases. "I am very much in favour as medical issues can be very emotive and many people would prefer not to have their cases run in so public a forum as the courts," said the solicitor. "I would feel though that legislation may have to be introduced to force lawyers not to go the traditional route. If there is no compulsion on them to avail of it, it might not have much impact."
One legal eagle quipped that lawyers supporting mediation services smacked of turkeys voting for Christmas. "It is going to be a massive culture change for lawyers," said a source. "It doesn't mean work is going to dry up, not at all, but ultimately it could mean less money for lawyers."
Mr Speers dismissed this assertion. "Ultimately, a lawyer's first responsibility is to his client and ensuring that their case is handled as efficiently as possible. In many cases, this will mean traditional litigation but, for some, mediation will be the best option," he said.
According to Mr Eric Bell, chairman of the Institute of Directors in Belfast, mediation should be encouraged.
