If your solicitor raised mediation before issuing proceedings, they were not being soft on your case. They were complying with section 14 of the Mediation Act 2017 — and they had to swear a declaration confirming they did it.
What the Section Requires
Before issuing proceedings on a client’s behalf, a solicitor must: advise the client to consider mediation as a means of resolving the dispute; provide information about mediation services, including the names and addresses of people who provide them; and give information about the advantages of resolving the dispute otherwise than by proceedings. The solicitor must then swear a statutory declaration confirming this was done, which is filed with the originating document — and if it is not filed, the court may adjourn the proceedings until it is. Read plainly, that means something quietly remarkable: every litigant in Ireland has, as a matter of law, been told about mediation before their case began. Whether they listened is another question. But nobody gets to say they were never offered the alternative.
What It Means for You — in Both Chairs
If you are the client receiving the advice, section 14 is worth treating as a real decision point rather than a form to sign. Ask the follow-up questions: what would mediation cost against the projected costs of this action, how long would each take, what happens to confidentiality in each route, and what outcomes are available in a room that a judgment could not deliver? A five-minute conversation there is the cheapest hour of the whole dispute. If you are proposing mediation to the other side, section 14 is also a gift: it makes the approach easy to frame without appearing weak — “your solicitor is obliged to raise this with you anyway” is a considerably better opening than “we would like to talk,” and it removes the oldest objection in dispute resolution, which is the fear that suggesting a conversation signals a weak case. And the section does not stand alone: courts can invite parties to consider mediation and adjourn proceedings for it, and unreasonable refusal to engage can be taken into account on costs. The statute made the conversation compulsory; the costs rules made ignoring it expensive.
What section 14 does not do: it does not force anyone to mediate, does not delay urgent applications, and does not make mediation right for every dispute. Some cases genuinely need a courtroom — the honest list is here. The section simply guarantees that the choice was made knowingly.
The wider statute is decoded on the Mediation Act page. Questions: 01 5827148.
Richard O’Shea — Solicitor & Mediator
Solicitor at Mary Molloy Solicitors (established 1981), holder of the Law Society of Ireland Diploma in Mediation and a TEP of the Society of Trust and Estate Practitioners. Mediations are conducted at The Ormond Building on Ormond Quay, at the firm’s Kilkenny office, at neutral venues, at the parties’ own premises — or fully online. Fees are agreed in writing with all parties before any mediation begins. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn
General information, not legal advice. The content of this website is general information about mediation and Irish law. It is not legal advice and does not create a solicitor—client relationship. Every dispute turns on its own facts, and advice on yours requires a consultation.
The mediator is not your legal adviser. Where Mary Molloy Solicitors is appointed as mediator, the mediator is neutral: the mediator acts for no party, advises no party, and does not decide the dispute. All parties are encouraged to take independent legal advice, and in particular to take advice before signing any mediation settlement. The firm does not act as mediator in any dispute in which it acts, or has acted, for a party — conflicts are checked before any appointment is accepted. Where the firm is instructed as solicitor for one party in a mediation, it acts for that party alone and does not act as mediator in that dispute.
Fees. Fees for mediation are agreed in writing with all parties before the mediation begins, and fees for legal services are agreed in writing with the client at the outset. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Tax. Nothing on this website is tax advice. Where a dispute or its resolution has tax consequences — succession, business transfers, property, compensation payments — those questions belong with your accountant or tax adviser and with Revenue’s own guidance, and are best addressed before any settlement is signed.