Jurisdiction(s):
Ireland

Ireland—Pre‑action dispute resolution and litigation checklist: ADR clauses, Mediation Act 2017 duties, merits, limitation, parties, urgent relief, costs, settlement, discovery, issuing and serving proceedings

Published by a Lexis+ Ireland - Dispute Resolution expert

Practice notes

This Practice Note offers a concise overview of the matters that warrant attention at the outset of a dispute, including:

Is there a dispute resolution procedure or clause?

Assess whether a specified dispute resolution mechanism or clause governs the issue at hand. Where one applies, reflect on:

the procedural steps and conditions stipulated by the clause
the governing law applicable to that clause
the forum with jurisdiction over the dispute (and whether that forum is in fact a court)

Where proceedings are commenced in defiance of an arbitration clause, the court must stay the claim. Mediation provisions, if expressed with sufficient certainty, must likewise be honoured, and non-compliance may attract an adverse costs order.

If a mediation or other dispute resolution clause exists and has not been observed, the court will generally pause any action to enable the parties to fulfil their contractual obligations.

Mediation Act 2017 (Ireland), s 14 (as amended) (MA 2017 (IRL)) imposes a duty on practising solicitors to advise their clients, before issuing legal proceedings, to...

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Web page updated on 21/05/2026

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