Mr Justice John MacMenamin also  suggested reform should include “compulsory mediation” before any litigation.
While mediation was proposed “more than once”, the parties “could not or would not compromise” and the “bitterness” between them was clear, he said.

Neither side had shown the degree of toleration one would normally expect and actions by both sides were “totally disproportionate” to the issues at stake.
The litigation lasted 11 days in the High Court involving costs that could potentially ruin the parties and “had broken up long-standing friendships”, the judge noted.

The Chief Justice, Mr. Justice John Murray recently told a legal conference that the Government should do more to promote a professional mediation service and alter the perception of the courts as the first and only resort for dispute resolution.

Substantially increasing awareness of the mediation process is necessary for The New Mediation Bill 2012 to be effective, says new Justice Committee Report,21st June

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