A study of the attitude and the knowledge of practising solicitors in Ireland towards and of mediation and the Mediation Act 2017. – Picking "the mediation peach”

Abstract

The purpose of my research is to ascertain the extent to which solicitors in Ireland are aware of the provisions of the Mediation Act 2017, particularly in so far as they relate to practising solicitors, and thereafter comply with a statutory obligation, introduced in the Mediation Act 2017, to advise clients in relation to the advantages and benefits of mediation over other dispute resolution mechanisms, including litigation. The research also seeks to ascertain the attitude of Irish solicitors towards mediation generally, the reasons for the formulation of such attitudes, and the extent to which such attitudes lead them to comply or not to comply with their statutory obligations.

The reason for writing my thesis is because the research question is one which has never been the subject of study in Ireland before, the Mediation Act 2017 being on the statute book for some 8 years. It is of practical relevance to the practice of law in Ireland in particular and will also be of interest abroad. There has been no previous research in relation to this topic, in Ireland, either before or since the introduction the 2017 Act and the statutory obligation of solicitors to advise in relation to the option of using mediation as a method of dispute resolution. The research will fill the gap in respect of knowledge of the subject.

My methodology is a qualitative analysis of data gathered in the course of semi-structured interviews of 55 Irish practising solicitors, using an extensive questionnaire, but allowing for additional feedback. Such feedback provided rich and fruitful qualitative data. Thematic analysis was then applied to the analysis of the data.

My findings are that there is a but not a detailed awareness of the statutory provisions, and even among those who are fully acquainted with the provisions of the legislation there is a selective approach among Irish solicitors to compliance with their statutory obligations, due in some instances to complete ignorance as to the existence of such statutory obligations, due in other instances to a lack of detailed knowledge of the relevant legislation, and due in other instances to a resistance to comply with the statutory obligation. The research also shows that the ignorance and/or lack of knowledge arises primarily because of historical deficits in both legal education and professional training, coupled with the fear that the acronym ADR (Alternative Dispute Resolution) in effect means “Alarming Drop in Revenues”, for practising lawyers who will earn less fees if disputes/litigation is resolved at an earlier stage of proceedings.

The implications of the foregoing are significant. Failure on the part of the solicitor to properly and adequately advise clients at the outset of engagement by the client, in relation to the option to mediate, with consequential benefits and advantages, including savings in legal costs, may result in unnecessary legal costs being incurred by all parties to the proceedings and delay in the resolution of the dispute. Such delay and additional expense may also be the cause of unnecessary and avoidable ongoing stress and anxiety to the client.

Date of Award	27 Nov 2025
Original language	English
Awarding Institution	Northumbria University
Supervisor	James Gray (Supervisor)