Mediation In The Spotlight: A Landmark Judgment And New Practice Direction

The prominence of mediation in Irish litigation has taken a further step forward with the delivery of a landmark High Court judgment in J Burke & Associates Limited v O’Connell [2026] IEHC 314 (PDF 314 KB) confirming the power of the Irish Courts to direct parties to mediate and the issue of a new Practice Direction HC141 emphasising the importance of mediation and compliance with statutory obligations arising under the Mediation Act 2017. Both developments carry important implications for parties engaged in or contemplating commercial litigation. 

Judgment overview

In this judgment delivered on 20 May 2026, Mr Justice Twomey considered whether a Court can order parties to mediate a dispute against their will, or whether a Court is restricted to simply inviting the parties to mediate. As the Court noted in its judgment, this question is relevant to every civil dispute that is heard in the Irish Courts because of the central role which mediation plays in the resolution of