Mediation & the Law*

The Mediation Act came into force in 2018 in Ireland. This states that all mediated settlement agreements are legally binding unless otherwise stated. Following on from this, more and more people are turning to mediation to help resolve their difficulties.

The purpose of this is to allow parties to a dispute to avoid the high costs of court. Also to reduce the length of time disputes took in the courts before being resolved. 

According to the Law Society, before commencing legal proceedings on behalf of a client a solicitor will have to swear that

  1. They advised the client of the availability of mediation as a way to settle the dispute
  2. Give the client information about the benefits of using mediation, as opposed to instituting legal proceedings
  3. Give the client names and addresses of mediators who may be able to assist in resolving the issues between the parties
  4. Tell the client that mediation is voluntary and may not be appropriate where the safety of the client is at risk. Similarly, where there is children and their welfare/health/safety is at risk
  5. Advise the client of the need for confidentiality in a mediation and the enforceability of a mediated agreement
  6. Further advise the client of the solicitor’s obligation to provide a statutory declaration confirming the provision of the information above to the client

*Finally, this page and its details are for information purposes only. It is not intended to be an interpretation of the law.  To clarify consult with the solicitor regarding your legal rights. In addition, we are not practising as solicitors and thus do not give legal advice.!f_mary%2bclaire#