Resolving personal injury claims is done vis a vis the Injuries Board Process or a court process, which can conclude a number of ways.
Mediation is now available in the Injuries Board process, arranged by the Board.
The Personal Injuries Resolution Board Act 2022 introduced mediation as an alternative to litigation in resolving personal injury claims. Now a separate process under the guidance of the Board is possible.
The Board can invite the parties involved in the claim to mediation. Both sides have to consent to the mediation taking place.
A mediator will take charge of this dispute resolution mechanism.
Participation in the mediation is voluntary.
Either party can withdraw before the date of the mediation date.
Each party can be accompanied by a person to the mediation.
If there are a number of respondents ie defendants it is possible mediation will not be arranged by the Board.
Communications at a mediation are confidential.
The outcome from this process can be a mediation settlement.
The Personal Injuries Resolution Board Act 2022 (Commencement of Certain Provisions) Order 2023 brought this mediation mechanism into being officially.
Mediation is an alternative dispute resolution (ADR) method where an impartial mediator helps parties in a dispute reach a mutually acceptable agreement. It offers one way to resolve conflicts outside of court which can be beneficial.
It requires goodwill on both sides though.
It is a non-adversarial process which is positive.
Mediation Act 2017
The above act defines mediation as :
“mediation” means a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute’’,
Role of the Mediator
The role of the mediator is to act with impartiality and integrity and treat the parties fairly.
He/she should be a facilitator to getting a resolution done if both sides engage.
Mediation Settlement
If a deal is done, then a settlement agreement can formalised. This then can be legally binding. The Injuries Board following same will issue an Order to Pay.
We would not encourage withdrawing the case before the Injuries Board until any deal has been satisfied. if an Order to Pay issues, one party can seek to enforce this if it remains unsatisfied.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
Cleary & Co. Solicitors – Litigation Law Firm
If you have been in an accident and wish to have a case assessment, Kieran Cleary and Roger Cleary are experienced Personal Injury Solicitors who can help with questions you may have regarding a personal injury case.
Contact details are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Cleary & Co. have many years of experience specialising in civil law personal injury cases and if we can help we will.
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