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ARTICLE · 19 DECEMBER 2017

The Mediation Act 2017 To Commence 1 January 2018

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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
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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. Up until now there was no set commencement date however the Minister for Justice and Equality, Mr. Charlie Flanagan, has now signed the necessary Commencement Order and the Act will accordingly now come into effect as and from 1 January 2018.

This is a welcome development in so far as it may help to relieve the backlog of cases currently before the Courts and could significantly reduce time and costs involved in resolving a dispute for those who engage in the mediation process.

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

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