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LRC Revised Act

Number 27 of 2017

MEDIATION ACT 2017

REVISED

Updated to 1 January 2019

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Mediation Act 2017

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Central Bank (National Claims Information Database) Act 2018

(42/2018), enacted 27 December 2018, and all statutory instruments up to and including

Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (Commencement) Order

2019

(S.I. No. 1 of 2019), made 3 January 2019, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

27

of

2017

MEDIATION ACT 2017

REVISED

Updated to 1 January 2019

CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Scope

4. Regulations

5. Expenses

PART 2

Mediation in General

6. Mediation

7. Agreement to mediate

8. Role of mediator

9. Codes of practice

10. Confidentiality

11. Enforceability of mediation settlements

12. Council

13. Reports of Council

PART 3

Obligations of Practising Solicitors and Barristers as regards Mediation

14. Practising solicitor and mediation

15. Practising barrister and mediation

PART 4

Role of Court in Mediation, etc.

17. Mediator report to court

16. Court inviting parties to consider mediation

18. Effect of mediation on limitation and prescription periods

19. Adjourning court proceedings to facilitate mediation

20. Fees and costs

21. Factors to be considered by court in awarding costs

22. Amendment of Civil Liability and Courts Act 2004

PART 5

Mediation Information Sessions

23. Mediation information sessions in family law and succession proceedings

PART 6

Amendment of other Acts

24. Amendment of Guardianship of Infants Act 1964

25. Amendment of Judicial Separation and Family Law Reform Act 1989

26. Amendment of Family Law (Divorce) Act 1996

SCHEDULE

Minimum Requirements in Relation to Council

Acts Referred to

Arbitration Act 2010

(No. 1)

Child Abduction and Enforcement of Custody Orders Act 1991

(No. 6)

Child Care Acts 1991 to 2015

Children and Family Relationships Act 2015

(No. 9)

Civil Liability and Courts Act 2004

(No. 31)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(No. 24)

Customs Act 2015

(No. 18)

Domestic Violence Acts 1996 to 2011

Enforcement of Court Orders Act 1940

(No. 23)

Family Home Protection Act 1976

(No. 27)

Family Law (Divorce) Act 1996 (No. 33)

Family Law (Maintenance of Spouses and Children) Act 1976

(No. 11)

Family Law Act 1981

(No. 22)

Family Law Act 1995

(No. 26)

Finance (Tax Appeals) Act 2015

(No. 59)

Finance Act 2001

(No. 7)

Guardianship of Infants Act 1964

(No. 7)

Judicial Separation and Family Law Reform Act 1989

(No. 6)

Legal Services Regulation Act 2015

(No. 65)

Maintenance Act 1994

(No. 28)

Property Values (Arbitrations and Appeals) Act 1960

(No. 45)

Protection of Children (Hague Convention) Act 2000

(No. 37)

Status of Children Act 1987

(No. 26)

Succession Act 1965

(No. 27)

Taxes Consolidation Act 1997

(No. 39)

Workplace Relations Act 2015

(No. 16)

Number

27

of

2017

MEDIATION ACT 2017

REVISED

Updated to 1 January 2019

An Act to facilitate the settlement of disputes by mediation, to specify the principles

applicable to mediation, to specify arrangements for mediation as an alternative to

the institution of civil proceedings or to the continuation of civil proceedings that

have been instituted; to provide for codes of practice to which mediators may subscribe;

to provide for the recognition of a body as the Mediation Council of Ireland for the

purposes of this Act and to require that Council to make reports to the Minister for

Justice and Equality as regards mediation in the State; to provide, by means of a

scheme, an opportunity for parties to family law proceedings or proceedings under

section 67A(3) or

117

of the

Succession Act 1965

to attend mediation information sessions; to amend the

Guardianship of Infants Act 1964

, the

Judicial Separation and Family Law Reform Act 1989

and the

Family Law (Divorce) Act 1996

; and to provide for related matters.

[2

nd October

, 2017]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Interpretation

3. Scope

4. Regulations

5. Expenses

PART 2

Mediation in General

6. Mediation

7. Agreement to mediate

8. Role of mediator

9. Codes of practice

10. Confidentiality

11. Enforceability of mediation settlements

12. Council

13. Reports of Council

PART 3

Obligations of Practising Solicitors and Barristers as regards Mediation

14. Practising solicitor and mediation

15. Practising barrister and mediation

PART 4

Role of Court in Mediation, etc.

17. Mediator report to court

16. Court inviting parties to consider mediation

18. Effect of mediation on limitation and prescription periods

19. Adjourning court proceedings to facilitate mediation

20. Fees and costs

21. Factors to be considered by court in awarding costs

22. Amendment of Civil Liability and Courts Act 2004

PART 5

Mediation Information Sessions

23. Mediation information sessions in family law and succession proceedings

PART 6

Amendment of other Acts

24. Amendment of Guardianship of Infants Act 1964

25. Amendment of Judicial Separation and Family Law Reform Act 1989

26. Amendment of Family Law (Divorce) Act 1996

SCHEDULE

Minimum Requirements in Relation to Council

Number

27

of

2017

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