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Full-Text Articles in Law

Surveying The Scene: How Representatives’ Views Informed A New Era In Irish Workplace Dispute Resolution, Brian Barry Feb 2019

Surveying The Scene: How Representatives’ Views Informed A New Era In Irish Workplace Dispute Resolution, Brian Barry

Articles

The Workplace Relations Act 2015 introduced a major overhaul of workplace dispute resolution bodies in Ireland, streamlining a complicated system for resolving workplace disputes comprising multiple fora into a two-tier structure. The article describes and analyses the results of two surveys undertaken by the author of the views of employment law and industrial relations practitioners and other representatives in Ireland before the reforms in 2011 and after the reforms in 2016. This article describes the purpose, methodology and considers the results of both surveys. The 2011 survey informed the agenda for reforming the Irish workplace dispute resolution system in 2015. …


Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers Jan 2019

Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers

Articles

The Mediation Act 2017 places mediation at the heart of the civil justice system in Ireland and protects some of the key principles of mediation. This article discusses neutrality, one of these principles. The article shows how neutrality is discussed by two sets of mediation stakeholders (clients and mediators). Using two data sets, the article demonstrates that both groups recognize the influence of neutrality on the mediation process. At the same time, the article shows that the manner in which both groups discuss neutrality is different.


The Effects Of Mixed Membership In A Deliberative Forum: The Irish Constitutional Convention Of 2012–2014, David Farrell, Jane Suiter, Clodagh Harris, Kevin Cunningham Jan 2019

The Effects Of Mixed Membership In A Deliberative Forum: The Irish Constitutional Convention Of 2012–2014, David Farrell, Jane Suiter, Clodagh Harris, Kevin Cunningham

Articles

The Constitutional Convention was established by the Irish government in 2012. It was tasked with making recommendations on a number of constitutional reform proposals. As a mini-public, its membership was a mix of 66 citizens (randomly selected) and 33 politicians (self-selected). Its recommendations were debated on the floor of the Irish parliament with three of them leading to constitutional referendums; other recommendations are in the process of being implemented. This article uses data gathered during and after the operation of the Convention to examine this real-world example of a mixed-membership mini-public. The focus is on how the inclusion of politicians …