Mediation is a private and confidential resolution process in which an independent and neutral third party, the Mediator, seeks to help the parties to reach a mutually acceptable negotiated agreement. The mediator helps the parties to work together in creating proposals for settlement and to agree a deal that they can live with.
The Mediation Act 2017 was enacted on 2 October, 2017.
The Act contains provisions for a comprehensive statutory framework to promote the resolution of disputes through mediation as an alternative to court proceedings.
The Act reinforces existing provisions recognising mediation in the Irish High and Commercial Courts and in the Rules of the Superior Courts. It places on a statutory footing the obligation to consider mediation and requires litigants to confirm to the Courts that they have considered mediation.
A provision authorising the imposition of costs sanctions (for unreasonably failing to engage in mediation) is intended to ensure that there is greater recourse to mediation as a method of dispute resolution. This reform recognises that the mediation process has the potential to achieve better outcomes for the parties in many cases and can assist in alleviating the strain on the Courts system.
Here is a link to the Mediation Act 2017: Click Here
A brief introduction to Austin Kenny and mediation.
One of Ireland’s leading professional mediators.
My approach focuses on settlement – no stone will go unturned in order to find a solution. As one of Ireland’s leading professional mediators, you will have access to my extensive mediation experience so that you have the best possible opportunity of reaching a deal. My overall success rate stands at 83%.