Mediation Laws*

An EU Directive 2008/52/EC, has come into effect in Ireland

What does this new law mean for me?

According to regulation 3 a court may on the application of any of the parties or itself  order that the proceedings or any aspect within those proceedings be adjourned for an amount of time as to allow the parties consider mediation.

The court now has discretion to invite the parties to use mediation to settle or determine the relevant dispute or issue or, where the parties so consent, refer the proceedings to mediation.

The court may invite the parties to attend an information session on the use of mediation.

Will the mediation be used instead of court and will it be as effective as a court order?

After using mediation as per the above mentioned regulation the parties may enter into an agreement and may then apply to the court for an order making such agreement a rule of court (ie binding as if it were settled through the courts). This will then be enforceable against the parties.

*This page and its details are  for information purposes only. It is not intended to be an interpretation of the law and you should consult with a solicitor regarding your legal rights. We are not practising as solicitors and thus do not give legal advice.

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