Latest News 2018-02-28T14:43:15+00:00
1709, 2018

Workshop on The Mediation Act 2017 & Cross Border Mediation Law  Practice

This  Workshop on The Mediation Act 2017 is on the 20th of September at the Maldron Hotel in Smithfield in Dublin. The topics covered will include a guide to the Mediation Act 2017 for both Solicitors and Mediators, the Mediators’ obligations, regulation of the area of Mediation, Mediation and the Courts, Solicitors obligations and drafting Mediated agreements. Additionally the workshop will cover cross border Mediation and online Mediation.

Susan Appelbe of Appelbe Mediation is a Munster based Mediator with legal expertise. Susan Mediates nationwide however mostly in Cork, West Cork, Kerry, Clare, Limerick, Waterford and Dublin

1709, 2018

Mediation at the Ploughing Match.

The Mediators’ Institute of Ireland are taking a stand at this years Ploughing match. There will be people knowledgeable on Mediation running the stand if anyone is interested in calling in for a chat about Mediation.The fact that Mediation is growing in the Agricultural/Agribusiness sector is evidenced by the presence of the Mediators Institute of Ireland at the Ploughing match in Tullamore Co. Offaly this week.
Mediation is used in many different ways in the Agribusiness and Farming sector.
Examples include succession planning, disputes with contractors,issues with farm buildings and equipment, neighbor disputes, boundary and rights or way or easement  disputes.
Sadly a  very common dispute which comes to Mediation within the agricultural sector is when a child has taken over the farm and tensions have arisen between the generations. It is not the kind of dispute that usually ends up in court but it is one that can cause huge damage to relationships if not rectified.
Out of the many car a jeep loads of devoted farmers that I know heading up from Skibbereen, Castletownbere and Bandon in West Cork,I hope that they will take time to call into the Mediators’ Institute of Ireland stand at Block 2 row 11 stand 243.
1209, 2018

Singapore University study on Mediation in the legal system finds interesting results.

“How should the Courts Know Whether a Dispute is Ready and Suitable for Mediation? An Empirical Analysis of the Singapore Courts’ Referral of Civil Disputes to Mediation’ is a useful and interesting analysis of Mediation undertaken by a Singapore University.

The study found that factors such as the time of referral, the stage of the case at referral and the level of contentiousness between the parties had a noted impact on the probability of success. They found that a delay in the time of referral of a case to mediation by just one month results in an astonishing three percent decline in the likelihood of settlement. The stage of litigation matters as well. Cases referred to Mediation at an earlier stage — at the close of pleadings — were more likely to be settled than cases that had already advanced to the interlocutory or pre-trial stage. Finally, a higher level of contentiousness between disputants was also associated with a drop in the likelihood of settlement.

Other factors that affect the success of Mediation include a lower monetary value in dispute, as well as features of the mediation process itself, such as the time taken to complete the Mediation and whether the Mediator is legally trained, the study found.

These findings suggest that the courts should not focus solely on the timing and stage of referral, but should also broaden their assessment to include other factors uncovered by the study that indicate the readiness of a dispute for Mediation, say the researchers.

“By shedding light on the important factors that affect settlement outcome and the satisfaction levels of parties towards the Mediation process, we hope that this study will help to inform the policies and practices of judiciaries in Singapore and elsewhere,” says Professor Chua. “It is only through a more nuanced approach that the benefits of Mediation in the context of litigation can be maximised.”


Susan Appelbe of Appelbe Mediation is a Munster based Mediator with legal expertise, having trained and worked as a solicitor, after having got her Law Degree from Trinity College Dublin. Susan now works in the legal side of Mediation and does not currently work as a solicitor. Susan Mediates nationwide however mostly in Munster, specifically Cork, West Cork, Kerry, Clare, Limerick, Waterford and Dublin. Susan is from Bandon in West Cork and lives in Douglas in Cork City.

3005, 2018

Conference: Mediation Act, 2017: What Every Litigation Practitioner Needs to Know

Mediation Act, 2017: What Every Litigation Practitioner Needs to Know
Friday 15th June 2018, 2pm – 5.30pm

The Radisson, Golden Lane, Dublin 8
CPD: 1 General and 2 Management

Mediation has long been an option for parties in dispute. However, the enactment of The Mediation Act, 2017 effectively puts it at the fore-front of litigation strategy. The legislation will significantly increase the proportion of settlements reached through this process.

Mediation can no longer be ignored, disregarded or dismissed as inappropriate for certain types of disputes. Solicitors now have a new statutory obligation to inform and advise litigation clients to consider mediation as a means of resolving their dispute. This obligation also includes advising on the relative advantages of resolution through mediation as well as the benefits of the process.  Furthermore, solicitors must now make a statutory declaration confirming that they have complied with this requirement. Clients will expect their solicitor to advise, assist and represent them in mediation. This includes initial process calls/meetings with the mediator, preparing and advising on case summaries and core booklets, providing appropriate legal advice as well as advising on the agreement to mediate and advising on and drafting the mediation settlement.
The object of this seminar is to provide practitioners with a practical guide to the provisions of the Act and to assess its implications for litigation practitioners, in particular. It will examine how the legislation interacts with court practice and procedure. It will also provide an overview on how mediation operates in practice.
• The paradigm shift from litigation to mediation 
• The integration of mediation into the civil justice system.
• The advantages and benefits of mediation
• Navigating the mediation process: what every litigation practitioner needs to know.
• Representing a client in mediation

Implications of the Mediation Act, 2017 for Litigation Practitioners:
• Scope of the legislation: What is the position in relation to disputes under part 4 of the Workplace Relations Act and proceedings in the High Court by way of Judicial Review?
• The new obligations on solicitors which must be undertaken before proceedings are commenced.
• Must the court adjourn the proceedings if the solicitor has not sworn the appropriate statutory declaration?
• Agreement to mediate and the role of the mediator.
• Implications for the Statute of Limitations: stopping the limitation clock.
• What happens when a client declines to offer or accept mediation?
• Is it advisable to set out in writing the reasons why the invitation to mediate is being refused?
• Will a court take into account an unreasonable refusal to mediate when awarding costs?
• Can notes of a mediation be disclosed in subsequent legal proceedings?
• When can a court invite the parties to consider mediation?
• Is the mediator obliged to submit a report to the court if the parties subsequently re-enter the proceedings?
• Enforceability of mediation settlements.
• Pre-proceedings mediation checklist.

Full conference details:

Mediation Act, 2017: What Every Litigation Practitioner Needs to Know
Friday 15th June 2018, 2pm – 5.30pm
The Radisson, Golden Lane, Dublin 8
CPD: 1 General and 2 Management
Full Conference Rate: €160 
2105, 2018

The Mediators’ Institute has critisised media coverage.

It is disappointing to see that the Media has given some inaccurate information to the public in relation to Mediation in the reporting of the Cervical Cancer Controversy.


President of the Mediators’ institute of Ireland Sabine Walsh expressed her disappointment at the “misleading and inaccurate” information in the Media about Mediation.

Sabine Walsh pointed to inaccuracies in relation to costs and  time schedules required for Mediation. She also pointed to inaccuracies reported pertaining to the qualifications of the members of the Mediators’ Institute of Ireland.


Sabine Walsh continues to repeat  some of the well known benefits of Mediation over the court process, including speed, lower costs and less stress.