More and more people are using mediation to resolve all kinds of civil disputes and our annual conference focused on the connection between mediation and the courts as provided in the Mediation Act 2017.
Speaking at the IPMO Conference on Mediation and the Civil Justice system today (10th April 2025), Dr Róisín O’Shea, Chair of the IPMO, spoke of the significant shift in Ireland to use mediation as a means of resolving most civil disputes, supported by Government policy and the legal framework of the Mediation Act 2017.
She said that more and more people are using mediation to resolve all kinds of civil disputes including divorce, parenting disputes, a falling out between business partners or directors, a contract dispute, a workplace dispute, disputes over a will, personal injury or medical negligence claims.
Dr O’Shea said that the passing of the Mediation Act 2017 represented an important turning point for the Irish civil justice system, supporting the development of a modern mediation practice. “Mediation takes place in the context of a civil justice system, and this conference seeks to examine the interactions between these two systems, their points of intersection, the responsibilities of the dispute resolution professionals and their disparate interests and concerns.”
Also speaking at the conference the newly appointed High Court judge, the Hon. Ms Justice Sara Phelan, who over the years has been a passionate advocate of mediation summed up the power of mediation and the benefits of close cooperation between mediators and lawyers to assist disputing parties.
“The magic of mediation is that by allowing parties take ownership of their dispute and come up with solutions that best suit them, it brings a finality to disputes, preserves relationships, and allows parties move on with their lives in a way that is not always possible with litigation. But mediation and litigation are not mutually exclusive and by mediators and lawyers understanding that theirs is a symbiotic relationship, the disputing parties benefit, and optimum dispute resolution is the outcome.” she said.
Ms. Justice Sara Phelan, speaking to IPMO conference attendees
Another speaker, Michael Peart, former Court of Appeal judge and now mediator posed the question, “Can mediation settlements be legally binding”?, Absolutely he said. He went on to clarify that a mediation settlement is legally binding where the parties decide it is to be enforceable between them in accordance with section 11 (1)(b) of the Mediation Act 2017 and the formalities of contract law have been complied with, including having the benefit of legal advice.
Other speakers at the IPMO Conference were:
- Dr Yaser Alashqar, Independent College, bringing his significant experience in the field as an academic;
- Suzanne Walsh BL highlighting the support for mediation in the new Family Courts Act 2024; Dr Gerry McMahon, a former WRC adjudicator, brings 35 years of practical experience in Human Resources.
- UK guest speaker Geoffrey Milton brings his insight from both sides of the table in workplace disputes, and from his work on the workplace mediation working group of the Civil Mediation Council England and Wales;
- Aoife Farrelly BL, ADR Committee Bar of Ireland
- Brian McMullin, ADR Committee Law Society of Ireland bring the perspective of the legal profession.
- Shane Dempsey, Treasurer of the IPMO, and former IT researcher spoke about the use of AI in Mediation
Panellists: (l-r; Suzanne Walsh BL, former-Justice Michael Peart, Ms. Justice Sara Phelan, Dr Roisin O'Shea, Brian McMullin, Dr Yaser Alashqar)
Dr O’Shea said; “We were honoured to have such an incredible line-up of speakers and panelists helping us to explore the challenges ahead as we continue to develop modern mediation practice, working with other professionals including lawyers, accountants, tax advisers and other experts, to ensure that parties in dispute have the best support possible.
Conflict is inevitable, but no-one wants to remain in conflict. We want solutions as quickly and cost-effectively as possible, and mediation is the answer. It is a practical, accessible, cost-effective and human-centred alternative to going to Court."
She also spoke about the speed at which mediation can be accessed and the benefits:
“You can start mediation right now, even if litigation has already started. The IPMO has mediators across the country ready and willing to assist www.theipmo.ie They provide the certainty of a legally binding agreement if that is what you need. We know that mediation works as the over-whelming majority of disputes reach an agreement, and that agreement can be legally binding. If litigation has already started your mediated agreement can be brought to Court to be turned into Court orders, or where you want a divorce your mediated agreement can be the basis for the court orders for the decree of divorce.”
IPMO Board & Justice Sara Phelan (l-r; Shane Dempsey, Ercus Stewart SC, Dr Roisin O'Shea, Ms. Justice Sara Phelan, Fredericka Sheppard, Gareth Leech, Brian Sheridan)
