Mediation Regulations in Ireland

Mediation offers a cost effective alternative to litigation in conflict resolution and disputes surrounding corporate law cases, family law cases and between individuals. Mediation in Ireland is regulated through statutory instruments, EU Law and by two Acts of the Oireachtas that have yet to be published. In Ireland, The Mediators’ Institute of Ireland (The MII) is the professional association of mediators who practice in Ireland and in Northern Ireland. All practicing mediators are bound by the MII Code of Ethics.

The mediation legislation in Ireland

Mediation in Ireland is currently regulated by SI 502 Of 2010 Rules Of The Superior Courts Mediation And Conciliation 2010 and by EU Law; SI 209 Of 2011 European Communities Mediation Regulations 2011. Both statutes give effect to mediation in Ireland in civil and commercial cases. What this means is that parties involved in disputes can undertake a mediation process rather than litigation proceedings through court.

There are currently two Bills that have yet to be signed into the Acts of the Oireachtas and have been quoted by the Minister for Justice that both Bills would be published in 2014. The Enactment of the Bill would see more commercial and civil disputes undertaking mediation rather than action through the courts system. Some of the main provisions in the Bill are similar to the EU statutory instruments which where signed into Irish law in 2011.

The main provisions for mediation include: 

  • Judges can now direct parties to attend a mediation session
  • Mediators will not be compelled to provide evidence in civil or commercial proceedings in most cases
  • Agreements from mediation may be enforceable through a High Court order

Mediators Institute of Ireland

The MII was set up to promote the use of mediation in dispute resolution cases. The body governs the education, training and the practice of mediation through its Code of Ethics standards. The MII accredits mediators who have undergone mediation training and passed all relevant assessments according to the standards set by the body. Only practitioners and certified members of The MII who hold a MII practising certificate are eligible to mediate in Ireland and Northern Ireland.

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