DELIVERING CONCILIATION SKILLS TRAINING at THE CHARTERED INSTITUTE OF ARBITRATORS .
John Deaton has co-developed and delivered the Conciliation Skills Training Course at the Irish Branch of the Chartered Institute of Arbitrators. The course was attended by ADR professionals from a wide range of industries and professions with a view to developing and promoting the use of conciliation across a broad spectrum of society. C.I.Arb. branch chairman James O,Donoghue noted: ".. participation was full on with great contributions and collaboration between classmates. I do hope that you enjoyed the course and made new friends from a diverse range of professional disciplines and backgrounds... This inaugural course also assists the Faculty to develop the learning materials, curriculum and prospectus for the next cycle".
STANDING CONCILIATOR - LIMERICK UNIVERSITY STUDENT CENTRE
STANDING CONCILIATOR - APPOINTMENT John Deaton has been appointed as Standing Conciliator for the new Student Centre at University of Limerick. This is a new €20M facility designed by Carr Cotter Naessens expected to be completed in 2020.. UL President Dr Des Fitzgerald said “the students have chosen a wonderful design for the centre, which is badly needed to enhance and consolidate facilities for ULSU and for the very vibrant UL clubs and societies which add so much to the UL student experience". Under the terms of the Public Works Contract John Deaton's role is to encourage communication and negotiation between the employer and the contractor in order to identify and resolve issues before they crystalise into dispute. In the event of disputes being unresolved he will act as conciliator in accordance with the terms of the contract.
MEDIATION INSTITUTE OF IRELAND - ANNUAL CONFERENCE 2018 Congratulations to MII on a very worthwhile and enjoyable annual conference held at Blanchardstown on the 12-13 October 2018. The Keynote Speaker was John Sturrock QC who presented a case study and insights toolkit session. The theme of the conference was Back to Basics and consisted of plenary sessions and workshops focussing on important aspects of the practice of mediation. John Deaton came first place in the questions session of Standard of Ethics in Mediation - Aspiration, Ideal or Reality? shown above receiving his prize (a signed copy of The Mediators Toolkit by Gerry O'Sullivan) in the company of Margaret Considine,president MII, Keith Kelliher and Bill Houlihan course presenters..
PUBLIC CONSULTATION - SUIR BLUEWAY SIGNAGE PROJECT John Deaton appointed as thefacilitator at the Stakeholder Consultation Meeting in Clonmel Co. Tipperary with Martin Gaffney (Designworks), Marie Phelan (Tourism Officer) and Valerie Connolly (Tipperary Sports Partnership) The Suir Blueway comprises 56 Kilometers of river and walking routes along the river Suir, Co. Tipperary. The project involves the design of image, signage and interpretation that will enhance and improve tourism and local amenities and facilities promoting the Suir Blueway as a premier destination. The meeting comprised information and workshop sessions attended by 40 stakeholders from sports, tourism, community and business interests and was conducted in accordance with the Aarhus public consultation protocols. .
MEDIATION ACT 2017 SIGNED INTO LAW At long last the Mediation Act was adopted on the 2nd October 2017. The Act is intended to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as an alternative to the institution of civil proceedings or to the continuation of civil proceedings. Mediation is now officially recognized as a viable means of dispute resolution and an alternative to Court Proceedings, Arbitration and Adjudication. The Act codifies the practice and procedure of Mediation and provides for the adoption of standards for the accreditation of Mediators. Mediation can take place even when Court proceedings have been initiated and the Court may take the initiative in proposing that the parties engage in mediation. For the first time Legal Practitioners are be required to inform and advise clients of the mediation option before issuing proceedings. An agreement reached at mediation can be enforced by the Court. The core principles of Mediation are set out in the Act::
A voluntary process.
Parties can withdraw from Mediation at any time.
Parties may agree where, how and when the Mediation takes place.
Confidentiality is assured.
With few exceptions, statements or submissions made solely at Mediation cannot be used in other proceedings.
The mediator is a neutral third party who assists the parties to resolve their dispute.
"I have been practicing as mediator for many years and I welcome the Act which will help to establish and promote mediation which is a humane way of resolving our disputes" - John Deaton
RIAI and C.I.Arb. adopts Deaton Dispute Resolution's 28 DAY CONCILIATION SCHEME The Royal Institute of Architects in Ireland has adopted our 28- Day Conciliation Scheme. The scheme will form part of the RIAI suite of conciliation procedures based on the Med/Rec principles for construction disputes. The Chartered Institute of Arbitrators, Irish Branch has also adopted the scheme to be used for a wide range of disputes of low to medium value. The 28 Day Conciliation Scheme is designed to be a Fast Track method of dispute resolution.The parties and the conciliator agree to a strict programme which should always produce a result either, an agreement, a recommendation or a conciliator's statement.It is a Low Cost scheme based on an agreed Fixed Fee. It is a voluntary process without prejudice to your legal rights. Read about the 28 Day scheme...... Read: Agreement to Conciliate 28 Day scheme...
CONSTRUCTION ADJUDICATION UPDATE The 'Construction Contracts Act 2013 was commenced on the 25th July, 2016 pursuant to section 12(2) of the Construction Contracts Act 2013 (No. 34 of 2013) and that Act shall apply in relation to construction contracts entered into after that date.' This Act introduces the system of Adjudication into the Construction Industry As far as we are aware NO DISPUTES HAVE BEEN REFERRED TO ADJUDICATION TO DATE. Does this represent retcience on behalf of the construction industry or satisfaction with the existing dispute resolution mechanisms in the industry? Read more....
NEW PUBLIC WORKS CONTRACTS DISPUTE RESOLUTION PROCEDURES On 18 January 2016, the Department of Public Expenditure and Reform published revised arrangements for procuring public works projects under the Capital Works Management Framework (CWMF). These result from a review by the Government Contracts Committee for Construction (GCCC) of the Public Works Contracts; and recommendations from the Office of Government Procurement, following a stakeholder consultation in 2014. The revisions take effect from 4 April 2016 and are set out in Circular 01/16 ("Construction Procurement - revision of arrangements for the procurement of public works projects").
Revisions include New dispute resolution procedures under forms PW-CF1 to PW-CF4 including:
A project board for projects greater than €5m
A standing conciliator for projects with a value in excess of €10m
The new procedures reflect a commitment to avoid disputes and, where possible to prevent escalation. The use of alternative dispute resolution is now copper-fastened in the new contracts and is very welcome. Read more...