Mediation
Access information on the current legislative framework for mediation in Ireland and other mediation resources.
A 2017 eZine article addressed the obligations imposed by the Mediation Act 2017.
Meeting the requirements of the Mediation Act 2017 prior to court proceedings
The Mediation Act 2017 requires, at Section 14(1), that a solicitor advises his client of the advantages of mediation prior to issuing proceedings. The solicitor is then obliged, when commencing proceedings, to confirm by statutory declaration that he has complied with the detailed requirements of Section 14.
The ADR Committee has prepared a draft letter to meet the requirements of the Act. This template does no more than meet the strict requirements of the Act, but the letter should be directed to the circumstances of the dispute giving rise to the proceedings. Although the solicitor is obliged to advise the client of the advantages of mediation, it may be that for a variety of reasons mediation would not be appropriate or desirable in the particular circumstances. If so this should be explained to the client.
It is anticipated by the Committee that in the majority of cases the advantages of mediation will outweigh any possible disadvantages. Even in those circumstances it is recommended that the solicitor explains his or her reasons for believing that to be the case by reference to the circumstances of the particular dispute.
Court Rules in relation to Mediation
Court Rules regarding mediation and solicitors' obligations under the Mediation Act 2017 came into effect on 22 January 2017. The relevant statutory instruments are:
- S.I. No. 9 of 2018: District Court (Mediation) Rules 2018
- S.I. No. 11 of 2018: Circuit Court Rules (Mediation) 2018
- S.I. No. 12 of 2018: Circuit Court Rules (Family Law: Mediation) 2018
- S.I. No 13 of 2018: Rules of the Superior Courts (Mediation) 2018
It should be noted that the District Court Rules provide a precedent for a form of statutory declaration as to compliance with the solicitor’s obligations under the Mediation Act. The Circuit Court and the Superior Court Rules have no such precedent.The ADR Committee have also provided a draft Statutory Declaraition that can be adapted for use as to compliance with the solicitor’s obligations under Section 14 the Mediation Act.
The online search facility 'Find A Mediator' was set up in 2012 to enable members of the Law Society and the public to find contact details of qualified solicitors who are trained mediators. This facility is self-administered by solicitor mediators.
Add or edit your mediator details
Solicitor mediators are invited to enter their area of practice and mediation qualifications by logging into their profile in the members' area of the Society's website and adding their details to the public search.
Search for a mediator
The public (and members) can use the facility to find a solicitor mediator using various options such as the name of the mediator, their area of practice, qualifications and/or the counties they practise in. Login is not required to use the search which is free-of-charge.
If you have any queries, please contact the Secretary to the Alternative Dispute Resolution Committee, John Lunney.
From time to time, the Society is asked for a precedent or standard form of Mediation Clause. The following recommended form of general mediation clause (where it is intended that the President of the Law Society should be the nominator) gives power to the President to make a second appointment where the parties are unable to agree on the replacement:
"All disputes which arise between the parties in connection with this agreement, or the subject matter of this agreement, shall be referred to mediation facilitated by a mediator. The mediator will be chosen by agreement between the parties. In default of agreement, a mediator will be nominated by the President for the time being of the Law Society of Ireland or in the event of his being unwilling or unable to do so by the next senior officer of the Society who is willing and able to make the nomination. These provisions shall apply also to the nomination (whether by agreement or otherwise) of any replacement mediator where the original mediator (or any replacement) is conflicted from acting as mediator, or has been removed by Order of the High Court, or refuses to act, or is incapable of acting or dies."
A Guide to Mediation for Lawyers was approved at the Plenary meeting on 27 June 2018 of the European Commission for the Efficiency of Justice of the Council of Europe (CEPEJ).
The Guide has now been integrated in the Council of Europe Mediation Development Toolkit .The CCBE has also published the guide in a single file on its website.
The CEPEJ Mediation Working Group is now in the process of developing further tools to support the use of mediation in Europe. Among these tools, awareness raising and training curriculum for various stakeholders, including lawyers, will be developed in 2019.
To apply for the appointment of a mediator by the President, you need to complete and sign an application form. For more information, please contact the Committee Secretary.
The Society maintains a Panel of Mediators, membership of which is only open to members of the Society. The Panel, which is reviewed regularly by the Committee, can be used by the President of the Society, when called upon, to nominate a mediator, or it can be referred to by members of the profession seeking to appoint a mediator. The Committee has produced the following guidelines for application:
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The applicant must complete and sign an application form approved by the Committee.
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The applicant must be a current member in good standing with the Law Society of Ireland.
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The applicant must have attended a mediation training course on the conduct of mediation, acceptable to the Committee.
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The applicant must have experience of mediation acceptable to the Committee.
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The applicant must satisfy the Committee at interview with a nominee (or nominees) of the Committee that the Applicant would be a fit and competent person to act as a mediator in any case to which the Applicant would be appointed.
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Applicants need to comply and be familiar with the European Code of Conduct for Mediators.
To apply to the Panel of Mediators, please complete and sign an application form and return it to the Secretary Arbitration & Mediation Committee, Law Society of Ireland, Blackhall Place, Dublin 7.
For more information, or to email your signed application, please contact the Committee Secretary, John Lunney.