Article by Dr Róisín O’Shea, Chair of the Irish Professional Mediators’ Organisation

Are mediated settlements legally binding? “Absolutely” says Michael Peart, former judge at the Court of Appeal and now mediator.

In his Linkedin Post of September 16th 2024 Michael goes on to say:

“Once both parties have agreed the terms of settlement and have signed the agreement, it is legally binding and enforceable as with any other contract.”

It is hugely beneficial to both the public and mediators to have the law stated so clearly by someone of Michael’s standing in the legal community. Those who practise mediation know that section 11 of the Mediation Act enables the parties to a mediation to decide if they want their mediated agreement to be legally binding between them; whether it is a Separation Agreement, an agreement for a Judicial Separation or Divorce, or a resolution (mediation settlement) of any other civil dispute, reached with the assistance of a mediator. Where it is expressed to be legally binding that agreement can be brought to Court to be enforced or to be “Ruled” ie the Court can be asked to turn the mediated agreement into court orders.

A former solicitor, Michael served as a Judge of the Court of Appeal from 2014 to 2019 and was a Judge of the High Court from 2002 to 2014. He was a Guest speaker at the IPMO’s annual conference on March 7th 2024 at the  Dublin Dispute Resolution Centre, where he spoke about the transition from the bench to practising as a mediator, a forum where he now helps parties in a dispute to find common ground, identify their interests and explore settlement options that are mutually acceptable; a forum where parties in dispute can avoid the stress and additional cost of litigation. He also spoke about raising awareness generally about the potential of section 16 of the Mediation Act 2017 and the fact that mediation remains viable right up to the point of a final determination. Michael noted that the IPMO is an outstanding example of an evangelical organisation, supporting the development of mediation as a profession.