CURRENT LEGAL ARTICLES

Dylan Green | Green & Associates Solicitors | Updated 3rd April 2025

When someone suffers harm due to medical negligence, the decision to take legal action can feel daunting. Beyond the physical and emotional toll, there is the added worry of navigating a complex legal system, engaging with multiple professionals, and possibly facing a prolonged court process. In Ireland, where medical negligence claims can often take years to resolve through litigation, many individuals are understandably reluctant to pursue their case all the way to trial.

However, there is a growing shift in how these disputes are being managed. Increasingly, patients and healthcare providers are resolving claims through mediation—a form of alternative dispute resolution that enables both parties to settle matters outside the courtroom. Supported by legislation and encouraged by the courts, mediation is proving to be a more efficient, compassionate, and cost-effective way to resolve sensitive medical disputes.

With the guidance of experienced legal professionals, individuals can explore mediation as a strategic option to resolve disputes while preserving privacy and control. In this article, we explore the rise of mediation in Irish medical negligence cases, how it works in practice, and why more individuals are turning to this process to achieve closure and fair outcomes without the stress of traditional litigation.

Mediation is a voluntary and confidential process in which two or more parties involved in a legal dispute attempt to reach a resolution with the assistance of a neutral third party, known as a mediator. In the context of medical negligence, mediation typically involves the patient (or their solicitor) and the healthcare provider, hospital, or health authority alleged to be responsible for the harm.

Unlike litigation, which is public and led by a judge, mediation is a private process designed to promote open communication and cooperation. The goal is to reach a mutually agreeable outcome that both sides can live with—without the pressure and uncertainty of a court-imposed decision.

Key features of the mediation process include:

• Voluntary Participation: Both parties must agree to attend mediation. While encouraged by the courts, it cannot be forced.
• Confidential Environment: Everything discussed in mediation is private and cannot be used in later court proceedings.
• Neutral Mediator: The mediator does not take sides or make a decision but helps guide the parties toward a settlement.
• Flexible Outcomes: The parties control the result. Agreements can include compensation, apologies, or procedural changes—outcomes not always available through court.

The Mediation Act 2017 provides the legislative basis for mediation in Ireland. It encourages parties involved in civil disputes, including medical negligence claims, to consider mediation before initiating or continuing court proceedings. Under the Act:

• Solicitors are required to advise clients about the availability and benefits of mediation.
• Courts may adjourn proceedings to allow time for mediation.
• Courts may take into account whether parties engaged in mediation when deciding who should bear the legal costs.

This legal backdrop reflects a broader move within the Irish justice system to reduce the strain on court resources and promote more collaborative forms of dispute resolution.

Medical negligence claims are often deeply personal. Patients may want more than just compensation—they may be looking for answers, acknowledgment, or assurances that what happened to them won’t happen to someone else. Mediation can provide space for those needs to be addressed, offering:

• A more humane and less adversarial experience
• Faster timelines compared to High Court proceedings
• Cost savings in legal fees and expert witness costs
• The opportunity for dialogue, empathy, and closure

For many individuals and families, mediation represents a chance to resolve a painful issue in a way that prioritises dignity, control, and healing.

A combination of legal, emotional, and practical factors is prompting more parties to consider mediation in medical negligence disputes. In recent years, both claimants and healthcare providers in Ireland have shown a growing preference for resolving these sensitive matters without resorting to litigation.

Medical negligence claims can take years to proceed through the Irish courts. Delays in scheduling hearings and the complexity of expert evidence often result in prolonged uncertainty. Mediation offers a faster alternative, with many disputes resolving in a matter of months rather than years.

Litigating a medical negligence claim can be expensive, particularly when multiple expert witnesses are required. Mediation significantly reduces these costs by streamlining the process and avoiding the expenses associated with lengthy court proceedings.

Traditional litigation can be confrontational, with medical details exposed in open court. Mediation provides a confidential and respectful setting, allowing parties to discuss issues privately and often with a more constructive tone. This is particularly valuable for claimants who are still coping with the aftermath of medical harm.

Court rulings are limited to what the law permits. Mediation, however, offers scope for more tailored solutions—such as written apologies, commitments to improve hospital practices, or other forms of restorative resolution—alongside financial compensation.

Since the Mediation Act 2017, solicitors are required to inform clients of the mediation option. Courts can also adjourn proceedings to allow time for mediation and may consider a party’s willingness to mediate when awarding legal costs. The Law Society of Ireland continues to promote mediation as an effective tool to reduce delays and promote access to justice.

The State Claims Agency, along with certain HSE departments, has increasingly adopted mediation as a method of resolving appropriate cases. Their participation has helped establish mediation as a credible and cost-effective path to resolution.

While mediation offers many advantages, it is not the right fit for every medical negligence case. Each claim must be carefully assessed to determine whether the circumstances are appropriate for alternative dispute resolution. In certain situations, pursuing litigation through the courts remains necessary to protect the client’s rights and ensure accountability.

Mediation is generally most effective in cases where:

• Liability is not strongly disputed
  If the healthcare provider accepts that an error occurred, the process is more likely to move forward constructively.

• The claimant seeks personal resolution in addition to compensation
  Many individuals affected by medical negligence wish to receive an apology, understand what went wrong, or ensure that the same mistake does not happen to others. Mediation allows these needs to be addressed in ways that traditional litigation may not.

• There is a sincere commitment to resolution
  For mediation to succeed, both sides must participate in good faith. When parties are genuinely open to dialogue, the chances of achieving a fair and timely outcome are significantly higher.

• There is a desire to avoid reputational harm or protect sensitive information
  The confidential nature of mediation can help preserve the privacy of medical records and protect the reputations of all parties involved.

There are cases where mediation may not be suitable, including:

• Complex or multi-party disputes
  Where several defendants are involved, or where expert medical evidence is contested, the structured procedures of litigation may be required to manage the complexity.

• Complete denial of liability
  If the respondent rejects any wrongdoing and refuses to engage in meaningful discussion, mediation is unlikely to succeed.

• Need for judicial precedent or formal declaration
  In rare but important cases, litigation may be pursued to clarify the law, establish public accountability, or seek a ruling that has broader implications.

• Time-sensitive legal concerns
  If a claim is approaching the end of the statutory time limit for initiating proceedings, it may be necessary to commence litigation to preserve legal rights. While mediation may still take place later, it cannot replace the need to meet strict limitation periods.

Choosing whether to pursue mediation or litigation is a strategic decision that should always be made with the advice of an experienced solicitor. A skilled legal team can evaluate the strength of a claim, manage the negotiation process, and ensure that any agreement reached is fair, enforceable, and in the client’s best interests.

It is also important to note that under the Mediation Act 2017, parties remain free to initiate or resume litigation if mediation fails or is considered inappropriate. This flexibility ensures that individuals are not disadvantaged by first exploring an alternative route to resolution.

Mediation is not just a practical option for resolving disputes—it is firmly embedded within the Irish legal system. In recent years, significant legislative and judicial support has been introduced to encourage the use of mediation across a range of civil matters, including medical negligence claims.

While the Mediation Act 2017 has been referenced earlier in this article, a closer examination reveals its central role in shaping how civil disputes, including medical negligence claims, are now approached in Ireland. The Act came into force to promote a culture of dispute resolution that is less adversarial and more efficient. It applies to most civil proceedings and includes several key provisions relevant to medical negligence cases:

• Obligation to Inform: Solicitors are legally required to advise their clients about the possibility of resolving disputes through mediation and to discuss its benefits before initiating court proceedings.
• Statutory Declaration: When issuing proceedings, the solicitor must file a statutory declaration confirming that mediation has been considered and explained to the client.
• Court Discretion: The courts have the authority to adjourn proceedings at any stage to allow the parties to consider mediation.
• Costs Implications: If one party unreasonably refuses to engage in mediation, the court may take this into account when making a decision on legal costs at the end of the case.

These provisions reflect a clear public policy objective: to reduce the burden on the courts, shorten dispute timelines, and improve outcomes for all parties involved.

Beyond the legislation itself, there is strong support for mediation within the broader court system. Judges in Ireland are increasingly willing to recommend or facilitate mediation, particularly in medical negligence cases where sensitivity, privacy, and long timelines are often factors. In certain jurisdictions, court rules explicitly allow judges to adjourn proceedings for mediation discussions where appropriate.

The Rules of the Superior Courts and High Court practice directions have also integrated alternative dispute resolution procedures, encouraging parties to explore settlement options before proceeding to full trial. This aligns with the judiciary’s broader objective to promote proportionality, efficiency, and access to justice.

Public bodies involved in medical negligence claims, such as the State Claims Agency and certain arms of the HSE, increasingly participate in mediation where appropriate. Their involvement has helped normalise the use of mediation in the healthcare sector and encouraged greater consistency in settlement practices.

In addition, the Law Society of Ireland and various legal education programmes actively promote training and awareness in mediation for solicitors. This ensures that legal professionals are better equipped to guide clients through the process and evaluate its suitability in individual cases.

The growing use of mediation in Irish medical negligence cases is more than just a theoretical shift—it is actively changing how claims are resolved. While not every dispute results in settlement, an increasing number of cases are being successfully mediated, offering patients and healthcare providers a more dignified and efficient alternative to court.

Legal professionals and industry observers have noted a clear rise in the use of mediation to resolve medical negligence claims. Many solicitors now consider mediation a first-line option once liability appears reasonably clear. This trend is particularly common in cases involving:

• Hospitals or consultants represented by the State Claims Agency
• Situations where patients are seeking acknowledgement or explanation, not just compensation
• Claims where both parties are eager to avoid the stress, cost, and delays of litigation

While national statistics on mediation outcomes in clinical negligence are limited, the Law Society of Ireland and senior litigation practitioners have consistently acknowledged its expanding role in complex healthcare disputes.

The State Claims Agency (SCA) plays a key role in defending claims against public hospitals and healthcare providers. In recent years, the SCA has increasingly supported mediation, especially where early resolution can limit legal costs and emotional distress. Its involvement has helped shift institutional attitudes and provided more consistency in how public sector claims are handled.

Publicly reported commentary and legal analysis suggest that mediation has led to constructive settlements in a range of claims, including delayed diagnoses, maternity care errors, and surgical complications. The process allows these sensitive matters to be addressed privately, with minimal exposure in the media or courts.

One of the major strengths of mediation is its flexibility. Unlike court rulings, which are generally limited to financial awards, mediated outcomes can include:

• Formal written apologies from clinicians or hospital administrators
• Agreements to implement procedural changes or clinical reviews
• Tailored compensation packages reflecting ongoing care needs
• Symbolic gestures such as memorials, statements of acknowledgement, or counselling access

These elements are particularly meaningful in cases involving loss, trauma, or long-term medical impact. For many families, the chance to be heard and validated can be just as important as any financial outcome.

Successful mediation requires more than goodwill—it depends on preparation and legal strategy. Solicitors play a vital role in evaluating whether a case is suitable for mediation, representing the client throughout the process, and negotiating a fair and enforceable agreement.

With proper legal support, mediation can offer patients and families clarity, control, and closure in a way that court proceedings often cannot.

If you are considering a medical negligence claim in Ireland, mediation could offer a practical and compassionate path to resolution. While it is not suitable in every case, it can provide real benefits when used with the right legal guidance.

Speaking to a solicitor early can help preserve your legal rights while identifying whether mediation is a suitable step. With proper advice, mediation can serve as a respectful and efficient alternative to litigation—especially in cases where privacy, closure, or timely resolution are priorities.

Here are some signs that mediation may be suitable for your situation:

• You are seeking resolution without the stress of court
  Mediation offers a more private, flexible, and often quicker alternative to litigation. For many individuals, the reduced emotional burden is one of its greatest advantages.

• You want more than financial compensation
  Mediation creates space for dialogue, apologies, and changes in clinical practice—outcomes that may not be available in a courtroom judgment.

• Liability is not in strong dispute
  If the healthcare provider acknowledges that something went wrong, or appears open to engaging in dialogue, mediation can be a practical and respectful route to closure.

• You value privacy and control over the process
  Mediation is confidential. This can be especially important in sensitive cases involving children, reproductive health, or mental health treatment.

Even in a non-adversarial setting like mediation, legal representation remains essential. A solicitor experienced in medical negligence law will:

• Help you assess whether mediation is appropriate for your circumstances
• Prepare your case and ensure the facts are clearly presented
• Support you during negotiations to protect your rights and interests
• Review and formalise any agreement to ensure it is legally binding

Mediation is not about compromising your position; it is about resolving disputes in a way that is focused, respectful, and centred around the outcome you need.

Mediation is no longer a secondary or experimental process—it has become a central part of how medical negligence disputes are being resolved across Ireland. Supported by legislation, the courts, and healthcare institutions, mediation offers a pathway that prioritises dialogue, privacy, and resolution over confrontation.

For individuals and families affected by medical negligence, the mediation process can provide much more than compensation. It allows for acknowledgement, answers, and an opportunity to move forward without the emotional toll of litigation. When used appropriately, and with the support of experienced legal professionals, mediation can be a powerful tool for achieving fair and meaningful outcomes.

Yet it is not a one-size-fits-all approach. Every medical negligence case is different. The decision to mediate should be based on a careful assessment of the facts, the level of dispute, and the client’s own goals. In many cases, the right legal advice can help determine whether mediation is the best path—or whether litigation is necessary to protect a client’s rights.

At Dylan Green & Associates, we support clients through every stage of a medical negligence claim, whether that involves mediation, litigation, or both.

We are proud to be an ISO 9001 accredited law firm, reflecting our commitment to excellence, client care, and consistent results.

Here’s how we can help:

• Tailored legal strategy – We assess whether mediation or litigation best suits your case.
• Thorough case preparation – Your case will be presented clearly and professionally.
• Trusted representation – We protect your rights and guide you through every step.
• Outcome-focused approach – Whether inside or outside court, we aim for the best possible resolution.

If you’ve been affected by medical negligence, our team is here to help you move forward with clarity and confidence.

The information provided in this blog is intended for general informational purposes only and does not constitute legal, medical, or professional advice. While Green & Associates Solicitors strives to ensure the accuracy and relevance of all content at the time of publication, the legal and healthcare landscape continues to evolve. This blog may not reflect the most recent changes in case law, mediation procedures, or litigation practices in Ireland or the UK.

This article discusses legal frameworks, trends, and practical considerations surrounding mediation in medical negligence cases, including references to the Mediation Act 2017, court discretion, and the role of healthcare institutions. However, every case is unique. The insights shared here should not be interpreted as legal advice or relied upon as a substitute for personalised legal consultation.

If you or someone you care about has been affected by medical negligence, we strongly recommend seeking advice from a qualified solicitor to understand your rights, legal options, and the most appropriate path forward.

Reading this blog does not establish a solicitor-client relationship with Green & Associates Solicitors. Legal outcomes depend on a range of case-specific factors, including evidence, timing, and jurisdiction. Relying solely on generalised content may result in misinterpretation of your rights or entitlements.

Green & Associates Solicitors accepts no responsibility or liability for any loss, damage, or legal action taken in reliance on the contents of this article. For tailored legal support, please contact our office to arrange a confidential consultation with an experienced member of our team.

Ebook Medical Negligence