|
Mediation conference.
|
15.—(1) Upon the request of any party to a personal injuries action, the court may—
|
| |
(a) at any time before the trial of such action, and
|
| |
(b) if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement in the action,
|
| |
direct that the parties to the action meet to discuss and attempt to settle the action, and a meeting held pursuant to a direction under this subsection is in this Act referred to as a “mediation conference”.
|
| |
(2) Where the court gives a direction under subsection (1), each party to the personal injuries action concerned shall comply with that direction.
|
| |
(3) A mediation conference shall take place—
|
| |
(a) at a time and place agreed by the parties to the personal injuries action concerned, or
|
| |
(b) where the parties do not agree a time and place, at a time and place specified by the court.
|
| |
(4) There shall be a chairperson of a mediation conference who shall—
|
| |
(a) be a person appointed by agreement of all the parties to the personal injuries action concerned, or
|
| |
(b) where no such agreement is reached—
|
| |
(i) be a person appointed by the court, and
|
| |
(ii) (I) be a practising barrister or practising solicitor of not less than 5 years standing, or
|
| |
(II) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister.
|
| |
(5) The notes of the chairperson of a mediation conference and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal.
|
| |
(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by such party to the personal injuries action concerned as the court hearing the action shall direct.
|