Sir, – I wish to highlight what our company sees as potential conflicts of interest in the area of mediation. We are seeking amendments to the Mediation Bill to prohibit this. If the Bill is not amended before being passed into law, we feel that those seeking legal redress may continue to face exorbitant unnecessary legal fees.
Mediation, known as alternative dispute resolution, is supposed to be a method of solving disputes other than going to court, thereby avoiding a lot of legal costs.
However, as it stands, barristers and solicitors are able to act as mediators and charge senior council fees. While we acknowledge that the legal profession are entitled to act as mediators (especially nowadays as the great fee income from conveyances has all but disappeared), they should not be allowed to act as mediators one day and the next day as litigators for the same client. We have seen some unscrupulous solicitors who belittle the mediation process in favour of the lucrative income obtainable from the judicial system.
We feel that cases like these show “conflict of interest”, and it is this that we are seeking to have prohibited in the Mediation Bill. We have contacted Minister for Justice Alan Shatter to amend the Bill accordingly, but to date have received no response.
It is vital that your readers understand the advantages of mediation and the importance of going to a non-legal independent mediator before they engage a solicitor. Otherwise they may find themselves paying exorbitant legal fees for so-called mediation services which are only another way for the solicitors and barristers to get another slice of the lucrative legal cake.
As usual the unsuspecting Joe Public who wants justice will be picking up the tab. – Yours, etc,