Mandatory Mediation: One Giant Leap for Commercial Disputes in Ireland

Abstract

In this dissertation, this author analysed the effectiveness of mandatory mediation as a system to combat rising pressure on the commercial court system, increasing costs and time for the parties involved in the dispute, and failing trust in the judicial system. This analysis was conducted by reviewing international jurisdictions that have successfully implemented a mandatory mediation system as well as the current commercial dispute resolution system in Ireland. It sought to develop a proposal for a system that could be applied to Ireland. This author proposed that the introduction of a system into Ireland would not be contrary to any existing legislation and could adapt the current framework to meet the needs of mandatory mediation.