Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 OCTOBER 2017

New Mediation Act Places Statutory Obligation On Litigants To Consider Alternative Dispute Resolution Methods

RDJ LLP
RDJ LLP
Contributor
RDJ LLP

RDJ LLP

RDJ is one of Ireland’s leading corporate law firms. With more than 300 employees and offices in...

View firm profile
Explore more from RDJ LLP

The Mediation Act (the "Act"), which was signed into law on 2 October 2017, places a new statutory obligation on litigants to consider mediation as a means of resolving a dispute.

IrelandLitigation, Mediation & Arbitration
Ronan Geary
Ronan Geary
Paula Collins
Paula Collins
Author LinkedIn connections

The Mediation Act (the "Act"), which was signed into law on 2 October 2017, places a new statutory obligation on litigants to consider mediation as a means of resolving a dispute. It is our understanding that the necessary commencement Order will be issued in the coming weeks. This is a welcome development in so far as it has the potential both to relieve some of the backlog of cases currently before the courts and to significantly reduce time and costs involved in resolving a dispute for those who engage in the mediation process.

Obligation to Advise Parties to Engage in Mediation

Prior to issuing court proceedings, the Act requires a practising solicitor to advise the client to consider mediation as a means of attempting to resolve the dispute and to provide the client with information in respect of mediation services and the advantages of engaging in mediation. In the event that court proceedings nonetheless commence, the practising solicitor will have to swear

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New High Court Practice Direction On The Responsible Use Of GenAI In Court Documents

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.
IrelandLitigation, Mediation & Arbitration
Matheson
Matheson
Article

Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026

This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
IrelandLitigation, Mediation & Arbitration
McCann FitzGerald LLP
McCann FitzGerald LLP
Article

High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.
GlobalLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Representative Actions In Ireland: New Rules, First Judgment

Ireland's new High Court rules establish a clear procedural framework for representative consumer actions, while the landmark ICCL v Microsoft case clarifies key questions about admissibility requirements and the burden of proof under GDPR. These developments provide businesses and qualified entities with greater certainty about how collective redress claims will be conducted, though significant cost barriers remain despite the new court fee exemption.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

EU Introduces Mandatory Withdrawal Button For Online Consumer Contracts

The EU's new withdrawal button requirement will fundamentally reshape how online traders interact with consumers across member states. From June 2026, businesses offering digital contracts must implement a two-step withdrawal function that allows consumers to exercise their 14-day cooling-off period with unprecedented ease. What technical, operational, and legal changes must traders implement to meet these obligations, and what are the consequences of non-compliance?
IrelandConsumer Protection
RDJ LLP
RDJ LLP
Article

Rental Law Update: Recent Enactments Under The Housing And Residential Tenancies (Miscellaneous Provisions) Act 2026

Ireland's residential tenancies regime has undergone further significant reform through the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026, introducing new enforcement mechanisms and procedural changes that landlords must navigate. The RTB now wields expanded powers including fixed payment notices for compliance breaches, while adjudication hearings have shifted to public forums with published outcomes.
IrelandReal Estate and Construction
RDJ LLP
RDJ LLP
Article

Greenwashing Enforcement Has Arrived: What The EU's New Fast Fashion Rules Signal For All Consumer-Facing Businesses

The EU's Ecodesign for Sustainable Products Regulation has banned the destruction of unsold apparel and footwear from July 2026, forcing retailers to pivot from recycling and disposal to donation, resale and reuse strategies. With mandatory public reporting on unsold stock disposal and stricter policing of environmental marketing claims now in force, consumer-facing businesses across Ireland and the EU face a fundamental shift in how they manage inventory, report waste, and communicate sustainability creden
IrelandEnvironment
RDJ LLP
RDJ LLP
Article

Neurodivergence And Reasonable Accommodation: What Employers Need To Know

Employers face growing challenges in supporting neurodivergent employees, with up to 20% of the global population potentially affected by conditions like ASD, ADHD, and dyslexia. Irish law mandates reasonable accommodations under the Employment Equality Acts, but what constitutes appropriate measures and when does the burden become disproportionate? Recent case law reveals the narrow interpretation of employer defenses and the significant financial consequences of failing to properly assess and implement wo
IrelandEmployment and HR
RDJ LLP
RDJ LLP