Dispute Resolution Protocol.

Pursuant to Clans of Ireland (COI) commitment to good governance and best practice in the early resolution of disputes, all Directors, Trustees, Board Members, Members, and Shareholders agree to adopt what is termed COI Dispute Resolution Protocol ("the Protocol") in the unlikely event that a dispute cannot be resolved internally. This is an important voluntary process that does not remove any right to seek legal advice or redress but offers a private and confidential prospect of an amicable and expeditious outcome with benefit to COIand those associated.

Under the Protocol, any Director, Trustee, Board Member, Member, or Shareholder who finds themselves in a dispute either with COI or a person associated with COI in respect of a COI matter agrees to attempt in good faith to negotiate a settlement within twenty working days of either Party notifying the other of the dispute and such efforts shall involve the referral of the dispute to the Chairman of COI and if the dispute cannot be resolved internally, to have the matter referred to mediation. Mediation is a flexible confidential process where a neutral and independent third person facilitates resolution without judgement or partiality, with the parties in dispute having ultimate control of the decision to settle and the terms of the settlement. A large proportion of Mediated disputes result in a negotiated
COI has appointed a panel of trained Mediators. Those in dispute are encouraged to choose one of the Mediators. In the event that a Mediator cannot be agreed upon within ten working days, or if the Mediator agreed upon is unable or unwilling to act, either party shall within ten working days from the date of the proposal to appoint a Mediator or within ten working days of notice to either party of unavailability or unwillingness to act, apply to the Chairperson of
COI to appoint a Mediator. The parties shall within ten working days of the appointment of the Mediator enter into discussion with the Mediator, in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. Such discussions are to be completed within ten working days. The cost of the Mediator will be borne by COI. Negotiations or exchanges between the parties at the mediation will remain confidential, will not be reported to anyone and will be conducted without prejudice to the rights of the parties in any future proceedings, unless otherwise agreed. Should the parties reach agreement on a resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the parties, once it is signed by their duly authorised
representatives. In the unlikely event that the parties do not succeed in resolving the matter through the mediation process within sixty working days of the Mediator being appointed, or such longer period as may be agreed by the parties, then the disputants will be at liberty to choose their next steps, including as a preferred resort the use of Arbitration.
Should either party intend to commence court proceedings, it shall serve written notice on the  other party of its intentions and the other party shall have twenty one days following receipt  of such notice to serve a reply; requiring the dispute to be referred to and resolved by arbitration. Such arbitration shall be conducted in Ireland and be governed by, and interpreted in accordance with Irish law and the procedural rules of arbitration under the provisions of
the Arbitration Act 2010, as amended and in force at the date that the dispute was referred to arbitration. The costs of undertaking such further steps, including arbitration or litigation will be borne by the parties incurring such expenses or as ruled on by a court or arbitrator.

The (proposed) panel of Mediators are:
Paulyn Marrinan Quinn SC * Accepted
Paul Gardiner SC
Michael Collins SC
David Barniville SC Accepted
Jonathan Dingle FRSA * Accepted
The Chairperson will assist in the appointment of a Mediator or, alternatively, Mediation Forum Ireland, a prescribed body under Section 15 of the Civil Liability and Courts Act 2004, provides a referral service to access qualified meditators.
*. N.B. This person may have a conflict of interest, due to shared business interests with Gearóid Ó Ceallaigh. Due regard will be had for this in every matter.