Share on LinkedInShare on LinkedIn

ARTICLE · 27 MAY 2026

Ordered To The Table: Irish Courts Confirm Power To Compel Mediation

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

Can a court order parties to mediate a dispute against their will, or is it limited to simply inviting them to do so? This question is increasingly relevant across all civil litigation, given the central role mediation now plays in resolving disputes.

IrelandLitigation, Mediation & Arbitration
Jennifer Noctor
Jennifer Noctor
Ellen Mulcahy Roche
Ellen Mulcahy Roche
Author LinkedIn connections

Can a court order parties to mediate a dispute, against their will, or is a court restricted to simply inviting the parties to mediate? This is a question of relevance to every civil dispute heard in the Irish courts, given the central role which mediation now plays in the resolution of disputes.

The recent High Court judgment of Justice Twomey in J Burke & Associates Limited v Patrick O'Connell [2026] IEHC 314, delivered on 20 May 2026, answers that question decisively. The decision confirms that Irish courts possess an inherent jurisdiction to order unwilling parties to mediate and carries significant practical implications for how litigants and their adviser’s approach, and resist, mediation in commercial disputes.

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

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

FDI Screening In Ireland: One Year On

Ireland's foreign direct investment screening regime has completed its first full year of operation, generating significant activity across critical sectors. The 2026 Guidance introduces important procedural changes, including a shift to control-based notification triggers, while the EU's newly adopted Revised FDI Screening Regulation and proposed Industrial Accelerator Act will introduce additional layers of regulatory scrutiny for cross-border transactions.
IrelandInternational Law
RDJ LLP
RDJ LLP