Helen McEntee (Meath East, Fine Gael)
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On 8 December 2017, the then Minister for Justice signed the Commencement Order bringing all sections of the Mediation Act 2017 into effect on 1 January 2018 (S.I. 591 of 2017).

This Act was put in place to facilitate the settlement of disputes by mediation, to specify the principles applicable to mediation, to specify arrangements for mediation as an alternative to the institution of civil proceedings or to the continuation of civil proceedings that have been instituted; and, to provide for codes of practice to which mediators may subscribe.

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play a crucial role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.

Before a Ministerial Order can be made to designate a body as the Mediation Council of Ireland, the Mediation Council will first need to be established in its full membership of not less than eleven members, of which six, including the chair, must be public interest members. The Council must also act under its own agreed terms of association as intended by the Oireachtas under the relevant legislation.

I, as Minister for Justice, am obliged to publish any draft Order for a 30-day period of response and to bring it before both Houses of the Oireachtas for resolutions of approval before the Order can be completed. This places a high burden on all concerned to have a properly established entity in place that is sufficiently representative of mediation interests involved in the sector and that meets the minimum requirements set by the relevant legislation.

Following renewed efforts by the mediation sector to advance the proposed Mediation Council’s establishment to a stage whereby I, as Minister for Justice, can be in a position to designate the body, a plenary meeting of the sector was held in February 2023, convened by the then Legal Aid Board CEO, with officials from my Department in attendance. That meeting identified issues around structure, membership and finance that arise in the establishment of a Mediation Council, with a report on these matters prepared by stakeholders from the sector. A significant issue identified in the Report and at the meeting was the funding structure as set out in paragraph 6 of the Schedule of the Mediation Act 2017, which provides that the Council be self-funded from fees.

In addition to having ongoing contacts with mediation sector representatives through 2023, my Department undertook to respond further with observations on the Report prepared, and did so in December 2023; providing the sector with a briefing paper setting out proposed next steps, including the planned holding of a further plenary meeting early in 2024. Arrangements to this end are currently in train.

My Department will engage further with the sector through 2024 to support work leading to a Mediation Council being established.