Gerry O'Sullivan Mediator's Toolkit book

Civil and Commercial Mediation


The Benefits of Civil & Commercial Mediation

Privacy and Confidentiality, Speed, Lower Costs, Parties have ownership of outcomes

Mediation reduces the costs for the disputing parties and ensures that claims are settled more quickly. The disputants retain control of their dispute and mediation gives the parties the opportunity to present their case to each other before a neutral third party in a way that indicates the strength of their needs and highlights aspects that are of significance to them.

Mediation allows parties to maintatin dignity and respect and therefore leads to better relationships.

Areas Suitable for Civil & Commercial Mediation

  • Family business disputes
  • Succession planning in family business
  • Partnership disputes/splits
  • Contractual disputes
  • Professional negligence
  • Health and medical negligence
  • Landlord and tenant disputes
  • Family separation

  • Boundary disputes
  • Employment disputes
  • Bullying and harassment
  • Unfair Dismissals
  • Education
  • Community
  • Areas of dispute where the maintenance of relationships is important.

The Context for Civil and Commercial Mediation

Multi-Unit Developments Act 2011

On the application by a party at any stage in the proceedings, the Court may direct the parties involved to go to mediation.

Integration of the Family Mediation Service with the Legal Aid Board 2 November 2011

The functions of the Legal Aid Board have been extended under the Part 16 of the Civil Law (Miscellaneous Provisions) Act 2011 to include a family mediation service.

Law Reform Commission Report - Alternative Dispute Resolution - Mediation and Conciliation Nov 2010

Proposals for programme for Government, this includes a Draft bill which Is part of the Government’s legislative programme for 2012

Rules of the Superior Courts (Mediation and Conciliation) Order 56A 16th Nov 2010

Promotes mediation and conciliation in proceedings in the Superior Courts.

Enforcement of Court Orders Act 2009

Permits a Judge to request a debtor or creditor to seek resolution of their disputes by mediation.

Rules of the Circuit Court Encourage the Use of mediation S.I. 539 of 2009 Circuit Court Rules (Case Progression) 2009

Will permit a Circuit Court Judge or the County Registrar at a case progression hearing to adjourn certain civil proceedings to allow the parties to use mediation, conciliation and arbitration.

EU Directive Mediation 2008

Signed into Irish Law May 2011 - European Code of Conduct for Mediators for cross-border dispute of a civil or commercial nature

Rules of the Superior Courts (Commercial Proceedings) 2004.

Introduced in January 2004 and permit a Judge of the Commercial Court to direct the parties to attend a mediation conference or for the parties to elect to undertake same.

The Civil Liabilities & Courts Act, 2004, Section 15

The 2004 Act provides for alternative dispute resolution in cases involving personal injury.

Upon the request of any party to a personal injuries action, the court may –

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