And he was right, as the case in question settled at mediation, even after the parties had resisted going to mediation on the basis that settlement was impossible.

And yet, if recent caselaw from Ireland is indicative, parties and, more particularly, their lawyers still seem to need a strong push from the court to actually agree to go to mediation. 

This is a strange attitude to take, given how successful a process it usually is. It is also a risky move, as the courts have been very vocal in relation to the obligation to consider mediation, and for lawyers to advise their clients to do so.

The landmark decision on this came in Byrne & Ors v Arnold [2024] IEHC 308 last summer, where the judge imposed a cost penalty as a result of the lawyer’s failing to advise his client to consider mediation, as they should have under the Mediation Act 2017. 

Following that, in Considine v Flanagan [2024] IEHC 21, the plaintiff in a neighbour dispute got a ticking off from the judge for refusing to mediate without good reason, stating that it was a particularly poor strategy given the plaintiff works in the justice system. 

Most recently, in Vakiv v Bulgakov [2025] IEHC 11, the applicant refused to go to mediation “for reasons which are not entirely clear”. The judge noted that the ongoing relationship would have to be addressed irrespective of the outcome of the proceedings so they should reconsider engaging in mediation. Otherwise there will, he said, potentially be cost consequences if they fail to do so.

Whatever about the parties, it is a curious stance for legal advisers to take given the opportunities that mediation brings. These include rapid resolution, happy clients who don’t phone every week to ask when their case will be listed, and a new service to deliver — mediation advocacy.

Most mediators will confirm that a good mediation lawyer — one who understands the skills and process and how to work with them fully — is the best asset they and the parties can have. 

The new generation of lawyers who are undergoing training now know this and are learning the skills of mediation before even qualifying as a solicitor or barrister. They are embracing mediation as an area of practice rather than a legislative obligation, and are bringing their clients a better service as a result.

If you’re ready to crack your toughest disputes, join our fully accredited Mediation Training Summer School and equip yourself with the skills and confidence to mediate the toughest of nuts!

Click here to learn more: Dublin Mediation Summer School