The Mediation Act 2017: Redefining the Irish Legal System

Mediation, as described by the Mediators’ Institute of Ireland, is a conciliatory process in which an “independent, neutral Mediator assists two or more disputing parties in resolving [a] dispute in a collaborative, consensual manner.”  

What does the Mediation Act involve?

Broadly speaking, the Mediation Act discusses many aspects of mediation, explaining:

• the duties of the mediator
• the obligations of legal professionals in discussing mediation with clients,
• details of the enforceability of mediation settlements.

It's hoped that mediation would reduce the costs associated with court proceedings, as well as increasing the efficiency of legal proceedings. The Mediation Act promotes mediation as a strictly voluntary, confidential process.

What the Mediation Act means in practice

Mediation is a voluntary process, and involved parties may withdraw at any time. However, the Act brings significant obligations upon legal professionals: solicitors and barristers will be duty-bound to provide details of mediation to prospective clients, as an alternative to judicial proceedings. Mediation may be suggested as a beneficial process even once court proceedings have begun; a court may adjourn proceedings and suggest that mediation take place instead. Richard Lee notes that parties who do not heed such advice form the courts will “do so at their peril”; courts can consider any refusal to mediate when awarding costs. Because agreements reached through mediation will generally be legally binding, mediation will become central to Irish legal proceedings.

The benefits that a mediator brings

Mediators have a number of unique duties, to make legal proceedings less stressful for all involved.

1. The most important duty of a mediator is to act with impartiality.
2. Mediators supervise the discussions of the affected parties, making sure that all information is confidential. This confidentiality creates a ‘safe space’, which makes mediation suitable for people who want to avoid the more public nature of court proceedings. Perhaps this is a reason why mediation has in the past been highly successful.
3. Mediators make proposals only at the explicit request of the involved parties: they allow individuals to reach their own conclusions.
4. Mediation can provide innovative solutions- often solutions that judges cannot provide.

Future developments in the world of mediation

Unsurprisingly, the Act brings significant opportunities for career growth, both for existing legal professionals and those from other areas. There will be an increased demand for ‘mediation advisors’, who will undergo intensive training to provide effective mediation for clients. The Mediation Act also explores the future creation of the Mediation Council of Ireland, which would provide annual reports to the Irish government. In the years to come, mediation may become the logical first step in many legal affairs!