The courts will generally be in favour of alternative dispute
resolution and will often encourage parties to resolve disputes by
mediation.
In the recent case of Danske Bank and Stephen Tallant v S.C. [2018] IECA
117, the Court of Appeal considered an appeal where the High
Court had refused to order that proceedings be adjourned to
facilitate mediation.
Background
In this case substantial sums of money had been borrowed from
Danske, the loans being secured on certain commercial properties.
In subsequent family law proceedings, the husband was ordered to
make maintenance payments to his wife over a six year period, the
payments to be secured out of the rental income of the properties.
A judgment was secured by Danske against the husband and a receiver
was appointed1. The Bank claimed that it was
entitled to receive all the rental income and the wife challenged
that, saying that she was entitled to the rent until all the
maintenance had been paid to her.
