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ARTICLE · 07 JULY 2026

Recent Developments In Mediation: A New Practice Direction And High Court Judgment On Court Ordered Mediation

Dillon Eustace
Dillon Eustace
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Dillon Eustace

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Recent developments in Irish mediation law have brought significant changes through a new High Court Practice Direction and a landmark judgment on court-ordered mediation. These developments clarify compliance requirements under the Mediation Act 2017 and establish the courts' power to direct parties into mediation, even against their will in appropriate circumstances.

IrelandLitigation, Mediation & Arbitration
Peter Bredin
Peter Bredin
John O'Riordan
John O'Riordan
Rachel Halligan
Rachel Halligan
David Kavanagh
David Kavanagh
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The law in relation to certain aspects of Mediation in this jurisdiction has attracted significant attention recently as a result of a number of High Court developments.

Practice Direction relating to the Mediation Act 2017 and other Statutory Provisions relating to Mediation and Alternative Dispute Resolution (HC 141) came into operation on 03 June 2026, while a High Court decision, in J. Burke & Associates Ltd. v O’Connell [2026] IEHC 314 (Burke) considered the power of the courts to direct parties to enter into a mediation in respect of a dispute the subject of on-going legal proceedings.

Practice Direction HC 141

The purpose of HC 141 is to emphasise the importance of compliance with the Mediation Act 2017 (2017 Act) (as well as similar provisions in other statutes relating to mediation and alternative dispute resolution (ADR)) and to flag the potential consequences of non-compliance.

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