Knowledge Exchange Seminar Series 2012/2013 Promoting the Use of Alternative Dispute Resolution in Northern Ireland Professor Jack Anderson, School of Law, Queen’s University, Belfast 1

ADR in NI; motivation for publication “Fragmentation” of ADR community Need to enhance provision of info to the public Cross-border mediation, Directive 2008/52/EC Jackson report on civil litigation costs in E&W (Jan 2010) Irish Law Reform Comm (Nov 2010) Access to Justice in NI Review: Report (August 2011) 2

Medical Negligence The bill for settling medical negligence cases in Northern Ireland over the last five years is set to top £250 million. NI Audit Office, 2012 Health and Social Care Board has 55 cases which have been ongoing for between 15 and 27 years.The board has paid out legal fees amounting to £233,459 for cases ongoing for 15-plus years. Written Reply, Minister O’Dowd,

ATC in NI; contents 1. Broad non-prescriptive definition of ADR; 2. A cautious emphasis on its advantages over litigation; 3. An introduction into the various types of ADR processes that exist in NI; and 4. Directory of ADR service providers in NI. 4

5 Arbitrate Regulate Collaborate Tribunal Settle or hear The dispute Walk away Negotiate Mediate Neutral expert Adjudicate

ADR Directory (select) Benefits; Consumer issues; Charities; Children; Education; Elderly; Equality and Human Rights; Estate Agents; Family Disputes; Health and Social Care Services; Money Matters; Neighbours; Ombudsmen; Police; Press; Prisoners; Sport; Utilities; Victims; Work. 6

ATC in NI; reflections Public; “what about my day in court” ADR community; “more robust encouragement” Legal profession; “have you read Hazel Genn?” Judiciary; “privatisation of civil justice” 7

ATC in NI; the future I was ruined but twice in life. Once when I lost a lawsuit, and once when I won. Voltaire 8