Mediation in Ireland

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Ireland is one of the European countries where mediation is regulated by law as an alternative method of dispute resolution. The mediation procedure is applied in civil, family, commercial, labour, and other categories of disputes, and is based on the principles of voluntariness, confidentiality, impartiality, and party self-determination. The regulatory framework is provided by the Mediation Act 2017, which defines the general rules for conducting mediation, the duties of mediators, the requirements for informing the parties, and the role of courts in facilitating the amicable settlement of disputes. The professional infrastructure of mediation in Ireland is supported by accredited mediators, specialized associations, and training organizations that ensure standards of professional training and promote mediation as an effective out-of-court mechanism for conflict resolution.

§ 01

Legal regulation

The court proposes that the parties to a dispute consider resolving the dispute through mediation.

(1) The court may, on the application of a party involved in the proceedings or on its own initiative, where it considers it appropriate, having regard to all the circumstances of the case:
- (a) invite the parties to the proceedings to consider mediation as a means of attempting to resolve the dispute that is the subject of the proceedings;
- (b) provide the parties to the proceedings with information about the benefits of mediation for settling the dispute that is the subject of the proceedings.
(2) Where, following a proposal by the court under paragraph 1, the parties decide to use mediation, the court may:
- (a) adjourn the proceedings;
- (b) make an order extending the time for compliance by a party with rules of court or with any order of the court in the proceedings;
- (c) make any other order or give such directions as the court considers necessary to facilitate the effective use of mediation.
(3) This Act applies to any mediation arising from a proposal under paragraph (1).
(4) An application by a party under paragraph (1) shall be made by motion to the court on notice to all other parties to the proceedings not later than 14 days before the date on which the proceedings are first scheduled for hearing and, unless otherwise ordered by the court, shall be grounded on an affidavit sworn by or on behalf of the party.
(5) The power conferred by paragraph (1) does not affect any other discretionary power that the court may exercise at any time during the proceedings for the purpose of facilitating the resolution of the dispute.

A mediation settlement has legal force unless otherwise provided in that settlement.

Enforcement of a Mediation Settlement

(1) The parties shall determine:
- (a) how and when a mediation settlement was reached between them;
- (b) whether the mediation settlement is to be enforceable between them.
(2) Notwithstanding paragraph (1) and subject to paragraph (3), a mediation settlement shall have effect as a contract between the parties to the settlement, except where it is expressly stated that it has no legal force until it is incorporated into a formal legal agreement or contract to be signed by the parties.
(3) Without prejudice to sections 8 and 8A, inserted by section 20 of the Status of Children Act 1987, of the Family Law (Maintenance of Spouses and Children) Act 1976, and subject to paragraph (4), the court may, on the application of one or more parties to a mediation settlement, enforce its terms, except where the court is satisfied that:
- (a) the mediation settlement:
  - (i) does not adequately protect the rights and entitlements of the parties and their dependants, if any;
  - (ii) is not based on full and mutual disclosure of assets;
  - (iii) is otherwise contrary to public policy;
    or
- (b) a party to the mediation settlement was oppressed or was subject to undue influence by any other party in reaching the mediation settlement.
(4) Where the mediation settlement relates to a child, the court, in determining any application concerning the mediation settlement, shall be guided by section 3, as amended by section 45 of the Children and Family Relationships Act 2015, of the Guardianship of Infants Act 1964.

Facilitative mediation is the type of mediation recognized by the Mediation Act 2017.

§ 02

Requirements for a mediator

Mediators who are members of the Mediators’ Institute of Ireland, MII, are required to complete a minimum of 60 hours of training, including an additional 40 hours of training for those who wish to work with separating couples. In 2022, the MII also introduced additional training in elder mediation and child-inclusive mediation.
The Mediation Act 2017 provides for the establishment of a Mediation Council for mediators, with which mediators may register. At present, a number of working groups are working on the structure, funding, and scope of this Council; however, it has not yet been established.

Approximately 700 mediators are registered with the MII and are governed by the MII Code of Ethics and Practice Standards. The MII has existed for 30 years and is the main governing body for mediators in Ireland.

§ 03

Organizations of mediators

The Mediators’ Institute of Ireland

The MII was founded on our belief in the practice of mediation and in recognition of the fact that Ireland needed a professional body to raise awareness and standards in this emerging field.

Since 1992, we have believed that mediation is the future of dispute resolution in Ireland, and since then we have witnessed dynamic development both within our institution and in the mediation field as a whole. We were right in believing that mediation was an emerging force, and the MII has played a leading role in its development in Ireland.

A Sense of Mission

It all began with a belief — our belief that:

mediation is the method of choice in dispute resolution;
mediation is a powerful tool for positive transformation;
mediation works where other methods of dispute resolution fail;
a decision reached through mediation is a better decision;
mediation improves people’s lives.

Our Mission

Our mission is to lead the continuous development and promotion of mediation services in Ireland. We strive to raise standards through the ongoing development of best practices and through the creation, support, and regulation of the best professional mediators in Ireland. We aim to make mediation services accessible to everyone in Ireland, regardless of location. We are committed to ensuring that mediation is used in Irish society to promote harmony and well-being. We believe that we will establish Ireland as a world leader in the provision of mediation services.

MII Strategic Plan 2023–2026

Objectives:

to lead the mediation profession at the national level;
to support MII members in providing the best professional mediation practices;
to promote and spread the positive impact of mediation on Irish society;
to continuously monitor and improve training and regulatory standards for MII mediators;
to maintain the highest professional standards in all areas of our work;
to expand community mediation initiatives in order to make mediation accessible to everyone in Ireland;
to strive for and encourage excellence in the field of mediation.

https://www.themii.ie/

info@themii.ie