What is Mediation? – A simple Guide

What is Mediation

Mediation is a private and voluntary way for people in a dispute to work out an agreement with help from a neutral mediator.

If the parties agree on a solution, it only becomes legally binding once it’s written down and signed by everyone.

The court system is not always the best way to resolve disputes, and the court has now confirmed that Irish courts have the power to order parties to mediate civil disputes, even if one or both sides object.

High Court orders mediation in civil disputes

In a High Court judgment delivered on 20 May 2026, Mr Justice Twomey considered whether a Court can order parties to mediate a dispute against their will, or whether a Court is restricted to simply inviting the parties to mediate.

This important decision clarifies that mediation is not only encouraged by the courts but may be made mandatory where appropriate, emphasising a further shift towards promoting alternative dispute resolution (ADR) in Ireland. The ruling aims to reduce unnecessary legal costs and court time, signalling to litigants and lawyers that mediation is a central, enforceable part of the dispute resolution process.

The decision is a significant shift in Irish civil litigation, clarifying that mediation is not merely encouraged, but can be made mandatory in appropriate circumstances.

Mr Justice Twomey held that the Irish Courts do have the power to order litigants to mediate their dispute and set out a list of factors which supported the conclusion that the Irish Courts hold such a power, to include the public interest in parties mediating their disputes where possible before insisting on using taxpayer-funded Court resources, the role of the Courts to make the system better for litigants.

It was noted that mandatory mediation does not contravene the constitutional right of access to Courts and that mediation can lead to a narrowing of issues in dispute (even if there is no settlement).

The Court emphasised that Court-directed mediation is not an order to reach a settlement. A party is free to withdraw from mediation at any time; it is the voluntary nature of reaching agreement at mediation, as distinct from voluntarily attending a mediation, which is a key attribute of every mediation.

The Court held the circumstances of a case will likely be the key factor in determining whether the Court should exercise this power rather than the subjective views of the parties of the likely success of the mediation. The Court outlined that before exercising its power to order litigants to mediate, there should be a prospect of the resolution of the dispute or a narrowing of the issues in dispute.

What is the Mediators Role?

The mediator’s role is to assist discussion in a fair and impartial way. A mediator does not decide who is right or wrong and does not impose a solution. Instead, the mediator helps the parties identify the issues, explore options and, where possible, work towards a mutually acceptable resolution. If all parties request it, a mediator may suggest possible solutions, but acceptance is entirely a matter for the parties.

Is a Mediation Confidential?

Confidentiality is a central feature of mediation. Communications, discussions and notes generated during the process are generally private and cannot be used later in court proceedings. There are limited exceptions, such as where disclosure is required by law, necessary to enforce a settlement, or needed to prevent harm or reveal criminal conduct.

If agreement is reached, the parties may record the terms in a mediation settlement. In most cases, this will have the effect of a binding contract, unless expressly made subject to a later formal agreement. Courts may enforce mediation settlements, provided they are fair, based on full disclosure where relevant, and are not contrary to public policy.

How exactly does Mediation work?

Why should people choose Mediation to resolve a dispute?

Meditation brings the parties together around a table right from the start, and you can nip in the bud any misunderstandings or assumptions.

It can be used to head off a dispute before it starts or resolves a conflict that has already begun.

Mediation provides a confidential, quicker, more cost-effective and more satisfactory outcome than going to Court.

An outcome can be achieved in the course of a DAY!  It may take months and sometimes years to resolve a disagreement in Court, whereas Mediation can be paced according to the parties’ needs and schedules.

Many parties feel Mediation puts them in control of their destiny, with the responsibility firmly on them to find solutions that work.