Mediation and settlement of claims

Mediation is a way for you and the other person to settle your dispute without having a final court decision. The mediation process is voluntary and confidential and is facilitated by an independent mediator.  The mediator helps both sides to try to reach an agreement to resolve the dispute that both can accept.

During mediation, you can meet the mediator with the other party or separately.

The Courts Service provides information on Legal Advice and Mediation.

Before you can begin legal proceedings in a court, your solicitor must advise you to consider mediation as a possible way to resolve the dispute using an independent mediator. 

Your solicitor will explain the benefits of mediation and if it is suitable for your dispute. They must also give you details of possible mediators. You then choose if you want to enter into mediation with the other party. 

You and the other party can agree to enter mediation at any stage in a legal dispute:

• Before legal proceedings, or
• During legal proceedings

If you go to court a judge can also suggest that the dispute may be better resolved through mediation. If the court recommends that you use mediation and you do not try to mediate, the court may consider your failure to mediate when making its costs order at the end of the proceedings.

When a claim has been made, instead of going ahead with a trial you can agree a settlement with the other party:

• Before the trial date, or 
• On the day of the trial ("on the steps of the courtroom").

If the defendant wants to offer you money to end your claim and you are willing to agree to settle your case out of court, your solicitor can arrange a settlement meeting with the defendant's legal representatives before the trial date. You can choose to physically attend a settlement meeting, but your attendance may not be necessary.

At the settlement meeting

At a settlement meeting, your legal representatives will explain to you the advantages and disadvantages if you accept the offer made by the defendant. They will also advise you about your chances of success at trial and the amount of damages you may receive in court.

The advantage if you settle your case, is that it removes the risk that you may:

• Lose the case and/or 
• Have to pay the full legal costs of the case.

There is no guarantee that a court will award you more damages than the sum offered by the defendant.

Your solicitor or your barrister will negotiate with the defendant's legal representatives to reach a sum that is acceptable to all sides. Usually, the issue of who will pay your legal costs is dealt with at the meeting. You do not have to accept the advice of your solicitor or barrister or settle your claim. The final decision will always be yours.

If you agree to a settlement offer, then that decision is final. The case goes no further and you give up the original claim of damages you made in return for the mutually agreed settlement sum. 

When a dispute is settled, the terms of the settlement can be made into a court order or filed in court to make it easier to enforce the settlement agreement which helps ensure you are paid the settlement amount.

Settling on behalf of somebody else

If you are making a claim on behalf of a named child or a person who lacks mental capacity, the court must approve the settlement. 

If you refuse the settlement offer made by the other party, they can lodge that or any other amount in court. If they do, you are then told they have lodged the amount and choose to accept it within a set period of time. However, the court cannot be told that the amount has been lodged until the end of the case.

At the end of the case, if the judge awards an amount that is less than the lodgement, generally you will have to pay all of the legal costs of both sides since the date of the lodgement.

For example, if the other side lodges €30,000 to settle your case but you choose to go to trial and are only awarded €25,000, you may have to pay the other side’s legal costs from the date of the lodgement as well as your own.

You can find more about:

• Proceedings in civil court cases
• Taking and appealing a civil case

The Courts Service also provides information on Legal Advice and Mediation.

They also have information on what and who to expect in court and a video to prepare for your Civil Court hearing.

You can also find a list of civil law support services on the Courts Service website.