Mediation will impact defamation damages
Justice Minister Helen McEntee is due to bring proposals to Cabinet which would also allow for the dismissal of "abusive" defamation cases.
Any effort at mediation will be taken into account when awarding damages as part of an overhaul of defamation law in this country.
Justice Minister Helen McEntee is due to bring proposals to Cabinet next week which would also allow for the dismissal of "abusive" defamation cases that are taken purely to deter investigative journalism or silence detractors.
The long-awaited defamation reforms include measures to address what are known as 'Slapp' cases which are typically are taken by wealthy individuals or organisations in a bid to stop any negative reporting about them.
It is anticipated that the practice of Slapp, which "stands for strategic lawsuit against public participation", would be dramatically reduced under the proposals.
The measures being put forward would allow defendants to apply to court for a summary dismissal of defamation proceedings if there is evidence that it is a Slapp case.
Another recommendation due to go before Cabinet, is that judges would be asked to consider any participation by a party in "alternative dispute relation processes", such as mediation, when assessing the redress to be awarded in defamation proceedings.
This change would encourage both parties to enter discussions or mediation at an earlier point.
It could also reduce the damages paid out if a judge finds that the defendant made significant efforts to resolve the dispute before it reached court.
While the report being brought forward by Ms McEntee will not place a cap on damages, it will recommend that defendants can make a lodgement of money in court as a reasonable compensation offer when parties cannot agree on a settlement.
Changes to stamp out on 'defamation tourism' are included in the report meaning judges will be required to make sure that Ireland is the most appropriate country for an induvial case to be heard.
