Practitioners are aware of their extensive obligations prior to the issue of proceedings, imposed by Section 14 of the Mediation Act. Please refer to the Practice Note of 10 September 2024.

A recent decision of the High Court has underlined the increasingly pro-active role judges are taking to ensure such compliance. In V Media DOO & First Click Marketing Operations Management Ltd. v Techads Media Ltd [2025] IEHC 430 Twomey J. enquired at the outset of the hearing as to whether the plaintiff’s solicitor had discharged their obligations under Section 14 and sworn the necessary declaration. It transpired that this had not in fact occurred. The judge went on in his judgment to describe how the onerous obligations imposed by Section 14 represented a restriction on the right of access to the court and effectively denied the court jurisdiction to proceed with a hearing in the event of non-compliance. While he did proceed ultimately to hear the case he ruled that there is an onus on every judge before embarking on a hearing to determine whether the provisions of Section 14 have been complied with. If they have not, it is likely that the proceedings will be adjourned or may be struck out with possible significant cost consequences, not just for the plaintiff but also for their solicitors. This has already occurred (Byrne v Arnold [2024] IEHC 308).

Practitioners will also be aware of recent High Court Practice Directions in both non-jury and clinical negligence cases (Practice Directions HC 127 and 131) requiring the parties to seek to resort to mediation and to confirm s.14 compliance in advance of obtaining a hearing date. It is understood that a similar direction will shortly issue in the Commercial Court. In these circumstances all solicitors are urged to ensure that their litigation practice management includes a check to ensure that no proceedings are issued in any matter without having first complied with the obligations imposed by Section 14 and that a statutory declaration has been sworn to this effect. The benefit of this is that mediation is discussed from the outset with the client so allowing a mediation to take place later at an appropriate time.

The ADR Committee has drafted a sample letter to clients and a s.14 Declaration to assist colleagues, available to download from the precedents area.