Civil Liability and Courts Act 2004
15.—(1) Upon the request of any party to a personal injuries action F5[or upon its own initiative], the court may—
(a) at any time before the trial of such action, and
(b) if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement in the action,
direct that the parties to the action meet to discuss and attempt to settle the action, and a meeting held pursuant to a direction under this subsection is in this Act referred to as a “mediation conference”.
(2) Where the court gives a direction under subsection (1), each party to the personal injuries action concerned shall comply with that direction.
(3) A mediation conference shall take place—
(a) at a time and place agreed by the parties to the personal injuries action concerned, or
(b) where the parties do not agree a time and place, at a time and place specified by the court.
(4) There shall be a chairperson of a mediation conference who shall—
(a) be a person appointed by agreement of all the parties to the personal injuries action concerned, or
(b) where no such agreement is reached—
(i) be a person appointed by the court, and
(ii) (I) be a practising barrister or practising solicitor of not less than 5 years standing, or
(II) a person nominated by a body prescribed, for the purpose of this section, by order of the Minister.
(5) The notes of the chairperson of a mediation conference and all communications during a mediation conference or any records or other evidence thereof shall be confidential and shall not be used in evidence in any proceedings whether civil or criminal.
(6) The costs incurred in the holding and conducting of a mediation conference shall be paid by such party to the personal injuries action concerned as the court hearing the action shall direct.
Inserted (1.01.2018) by Mediation Act 2017 (27/2017), s. 22, S.I. No. 591 of 2017.
Power pursuant to section exercised (1.07.2005) by Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 15) (No. 2) Order 2005 (S.I. No. 336 of 2005).
Power pursuant to section exercised (31.03.2005) by Civil Liability and Courts Act 2004 (Bodies Prescribed Under Section 15) Order 2005 (S.I. No. 168 of 2005).