Mediation in Medical Negligence Claims Ireland: How It Works Under the New HC131 Rules

This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.

Mediation in Irish medical negligence claims is a confidential, without-prejudice process where a neutral mediator helps you and the defendant reach a settlement without going to trial.

What changed in 2025: High Court Practice Direction HC131 [1] now requires any party applying for a trial date in a clinical negligence case to offer mediation within three weeks and engage within six weeks of acceptance. The State Claims Agency reports [2] that 43% of clinical claims concluded in 2024 (where damages were paid) involved mediation, up from 32% in 2022. Fewer than 3% of clinical negligence cases reach a contested court hearing.

Contents

HC131 timeline: Offer mediation within 3 weeks of trial date being fixed. Engage within 6 weeks of acceptance. HC131 (April 2025)

SCA mediation rate: 43% of clinical claims (2024, where damages paid) involved mediation. State Claims Agency

Solicitor obligation: Must advise you to consider mediation before issuing proceedings and swear a statutory declaration confirming this. Mediation Act 2017, s.14

Confidentiality: All communications in mediation are protected. Cannot be disclosed or used as evidence in court. Mediation Act 2017, s.10

What is mediation in a medical negligence claim?

Mediation in a medical negligence claim in Ireland is a structured meeting where you, your solicitor, the defendant (typically the HSE through the State Claims Agency [5]), and a neutral mediator work toward a settlement without a judge deciding the outcome. The Mediation Act 2017 [6] defines it as 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.”

Medical negligence claims in Ireland are exempt from the Injuries Resolution Board's assessment process under s.3(d) of the PIAB Act 2003 ⁴. Clinical negligence claims proceed directly to the High Court, where the new dedicated Clinical Negligence List (established by Practice Direction HC132) now manages every stage of the case. Mediation operates alongside this court process. It's not a replacement for it, but rather a structured opportunity to resolve the claim before trial.

A detail that catches many claimants off guard: mediation doesn't require you to prove your case formally. The mediator doesn't decide who's right. Instead, both sides present their positions, and the mediator guides the negotiation. Your expert medical report and the defendant's response form the backbone of those negotiations, but the conversation can cover far more than a courtroom ever would, including explanations, acknowledgements, and sometimes apologies.

HC131 and HC132: the new rules from April 2025

High Court Practice Direction HC131, effective from 28 April 2025, transformed mediation from an optional step into a structured pre-trial requirement in clinical negligence cases in Ireland. Any party applying for a trial date must now satisfy four conditions, confirmed by a formal Certificate of Compliance signed by their solicitor. The fourth condition is mediation.

HC131 requires the applicant to undertake to offer mediation to the opposing party within three weeks of the trial date being fixed and to engage constructively in the mediation within six weeks of that offer being accepted. Both sides must comply with all reasonable directions of the mediator, including the timely provision of position papers, legal submissions, and supporting documents. The Court retains absolute discretion to refuse a trial date where HC131 hasn't been complied with. Practice Direction HC131 (Courts Service) ¹.

Practice Direction HC132 works alongside HC131 by establishing a dedicated Clinical Negligence List within the Dublin Personal Injuries List. A specialist Judge in Charge, experienced in clinical negligence, now manages cases and can issue case management directions at any stage, including formal directions to mediate. HC132 applies to all clinical negligence proceedings from 28 April 2025, regardless of when the claim was first issued. William Fry analysis (April 2025) [7].

The combined effect of HC131 and HC132 is significant: mediation is no longer a vague suggestion. The court now expects it, tracks it, and can penalise parties who avoid it without good reason. One aspect the official guidance doesn't cover: the 3-week and 6-week windows create genuine pressure to have your evidence prepared before a trial date is sought. Waiting until the last minute to commission your expert report can leave you unprepared for a mediation that's now structurally embedded in the process.

The Mediation Act 2017: what your solicitor must do

Before your solicitor issues proceedings in a medical negligence claim, they are legally required to advise you about mediation under Section 14 of the Mediation Act 2017 ³. The originating court document must be accompanied by a statutory declaration, sworn by your solicitor, confirming they've performed these obligations.

Section 14 requires your solicitor to:

Solicitor obligations under Section 14, Mediation Act 2017

Obligation	What it means for you
Advise you to consider mediation	Your solicitor must explain mediation as an alternative before issuing proceedings
Provide information about mediation services	Including names and contact details of mediators who could assist
Explain the benefits of resolving without litigation	Cost savings, speed, confidentiality, control over the outcome
Advise that mediation is voluntary	You can't be forced to accept any outcome. You can withdraw at any time
Explain confidentiality (s.10) and enforceability (s.11)	What's said in mediation stays confidential. A signed agreement is legally binding
Swear a statutory declaration	Filed with the court confirming all of the above was done

What happens if Section 14 isn't followed

Unlike in England and Wales, where pre-action protocols for clinical negligence have been established since 1999, Ireland has no equivalent formal protocol. The Mediation Act 2017 and HC131 together fill part of that gap by creating structured expectations around mediation, but the absence of a pre-action protocol means Irish claimants often reach mediation later in the process than their UK counterparts.

The timing matters more than most guides suggest: in Byrne v Arnold [2024] IEHC 308, Mr Justice Kennedy imposed a 5% reduction in recoverable costs because the plaintiff's solicitor failed to comply with Section 14 before issuing proceedings. Kennedy J stated that the obligations are “not unreasonable or burdensome” and that they serve a clear public interest in discouraging unnecessary recourse to the courts. A subsequent 2025 decision, V Media Doo v Techads Media [2025] IEHC 430, went further: Mr Justice Twomey halted the hearing entirely until proof of Section 14 compliance was produced. Law Society Practice Note (November 2025) [8].

How often does mediation happen? (SCA data 2022 to 2024)

Mediation usage in Irish clinical negligence claims has risen sharply over three consecutive years, according to State Claims Agency data ². The trajectory is clear: mediation is becoming the norm, not the exception.

State Claims Agency mediation statistics for clinical negligence claims (2022 to 2024)

Year	Mediation usage (clinical claims where damages paid)	Claims resolved without court proceedings
2022	32%	(not available)
2023	40%	55%
2024	43%	56%

Fewer than 3% of all cases managed by the State Claims Agency result in a fully contested High Court hearing. The SCA paid damages in 59% of all cases resolved in 2024 ². Clinical claims represent only 37% of the SCA's active caseload by volume but account for 81% of the total estimated financial liability, which stood at approximately €5.35 billion as of late 2025. NTMA 2025 Business Update [9].

The SCA's mediation track record and proven schemes

The SCA's own senior clinical claims manager confirmed at the IHCA conference in October 2025 that 97% of clinical negligence cases settle without going to full trial. When combined with the 43% mediation rate and the HC131 structured timeline, the picture is clear: virtually every clinical claim in Ireland ends in settlement. The question is not whether your case will settle, but when and on what terms. Mediation is the most structured, prepared path to that outcome, giving you control over the timing and the terms rather than waiting years for a rushed courthouse-steps negotiation.

The SCA has also tested structured mediation at scale in two specific schemes. The H1N1 Pandemrix Scheme of Settlement used formal mediation with a right of appeal to a retired superior court judge to resolve narcolepsy claims. The same model was applied to South Kerry CAMHS claims. Both are cited on the SCA's mediation page ² as evidence that mediation works for complex, multi-claimant clinical disputes. These schemes offer a practical template for how structured mediation resolves clinical negligence claims more efficiently than traditional litigation.

The difference between assessment and acceptance often comes down to preparation. The SCA actively mediates clinical claims and appoints representatives with settlement authority. Unlike in England and Wales, where NHS Resolution manages clinical claims under a formal pre-action protocol with prescribed timelines for expert exchange, Ireland's system relies on the parties' own initiative and the court's case management powers under HC132. The rising mediation rate (32% to 43% in just two years) reflects both the SCA's internal policy shift toward earlier resolution and the courts' growing expectation that parties will have attempted mediation before seeking trial dates.

What actually happens on mediation day

Medical negligence mediation in Ireland typically takes place in a hotel conference suite or mediation centre, with both sides in separate rooms and the mediator shuttling between them. The format is designed to avoid direct confrontation, though joint sessions can occur if both sides agree. A typical mediation session lasts one full day (8 to 10 hours), though complex clinical claims sometimes extend into a second day.

The participants: You'll attend with your solicitor (and usually your barrister). The defendant's side (typically the State Claims Agency's appointed solicitor and their own barrister) will be in a separate room. The mediator, agreed upon by both parties, moves between rooms. In HSE claims, the SCA representative has settlement authority within defined parameters. That means decisions can be made on the day.

Before the day: Both sides exchange position papers setting out their case. Your position paper is built from your expert medical report, your schedule of special damages (medical costs, loss of earnings, future care needs), and often a narrative of how the negligence has affected your daily life. The defendant's position paper addresses liability, causation, and their assessment of quantum.

During the session: The mediator opens with a joint session (often brief), then separates the parties. In private meetings (known as “caucuses”), the mediator tests each side's position, identifies common ground, and relays offers. The mediator does not decide the case or impose a settlement.

Choosing the right mediator: interest-based vs evaluative

Mediators in Irish clinical negligence cases generally follow one of two approaches. An interest-based mediator guides the conversation without expressing views on the merits, letting both sides reach their own conclusions. An evaluative mediator actively assesses the strengths and weaknesses of each party's case and may indicate likely court outcomes. Academic research by Dr Mary Tumelty at University College Cork, published in the Civil Justice Quarterly in 2025, found that Irish barristers overwhelmingly prefer evaluative mediators with legal backgrounds and specialist clinical negligence experience. However, Dr Tumelty cautioned that heavily evaluative styles can create polarisation rather than genuine settlement dialogue. When selecting a mediator, discuss both approaches with your solicitor. In complex cases where liability is disputed, an interest-based approach may preserve more negotiating room. Where both sides broadly agree on liability and the dispute is purely financial, an evaluative mediator can accelerate the process by reality-testing unrealistic positions.

Reaching agreement: If both sides agree on terms, the settlement is recorded in a written agreement, signed by both parties and the mediator. Under Section 11 of the Mediation Act 2017 [10], the mediation settlement has effect as a legally binding contract between the parties once signed. The agreement can also expressly state that it has no legal force until incorporated into a formal legal agreement, giving the parties time to take independent legal advice before the terms become final.

If mediation fails: The case proceeds to trial. Nothing said during mediation can be used in court. Neither side loses any rights. The claim continues from exactly where it left off.

How to prepare for mediation in a clinical claim

Preparation is what separates a productive mediation from a wasted day in Irish medical negligence cases. The biggest advantage in structured mediation comes from exchanging expert reports before the meeting. The defendant's side often concedes more on quantum once causation and breach are clearly established by independent evidence. The HC131 Preparation Window creates a structured deadline for this work.

Checklist before mediation:

Mediation preparation checklist for medical negligence claimants

Item	Why it matters
Expert medical report exchanged	Forms the evidentiary backbone of your position paper
Schedule of special damages prepared	Medical bills, loss of earnings, and future care costs (all vouched)
Personal impact statement drafted	How the negligence has affected your daily life, relationships, independence
Position paper finalised	Your solicitor prepares this. It sets out liability, causation, quantum, and the human impact
Settlement range discussed with your solicitor	Know your realistic range and your walk-away point before the day
Court approval requirements checked	If the claim involves a minor or a person lacking mental capacity, any settlement must be approved by the court
Mediation agreement terms pre-considered	Non-financial terms you'd want: apology, protocol review, explanation of what happened

One detail that surprises clients: mediation can resolve a clinical negligence claim in a single day, while the average claim processed through the full litigation system takes 1,462 days (approximately four years) according to Medical Protection Society 2024 data [11]. The contrast explains why both the courts and the SCA are pushing hard for earlier, better-prepared mediations. At this point, you'll need to decide whether your case is a strong candidate for mediation or whether trial preparation should take priority.

When mediation works, and when it doesn't

Mediation is most effective in medical negligence claims where liability is broadly accepted and the dispute centres on quantum (how much compensation should be paid). When both sides agree that negligence occurred but disagree on the value of the injuries, mediation provides a structured space to negotiate without the uncertainty of a judge's ruling.

Mediation also directly addresses what practitioners call the “courthouse-door” settlement pattern. Historically, the State Claims Agency's internal approval processes meant final settlement authority was rarely granted until the morning the trial was listed. Claimants endured years of uncertainty only to settle in a rushed, pressured environment outside the courtroom. HC131's structured mediation timeline is specifically designed to break this cycle by forcing engagement months before any trial date. When mediation works at this earlier stage, it replaces the chaos of courthouse-steps negotiation with a controlled, prepared process where both sides have time to assess the evidence properly.

Good candidates for mediation:

When mediation tends to succeed vs when it may not in clinical negligence

Mediation likely to succeed	Mediation may be premature
Liability broadly conceded. Dispute centres on quantum	Defendant denies liability entirely and expert evidence is contested
Expert reports exchanged and positions are clear	Key expert reports haven't been commissioned yet
Claimant's medical condition has stabilised	Prognosis is uncertain and further treatment is pending
Both sides have settlement authority on the day	Defendant's representatives lack authority to agree terms
Claimant values non-financial outcomes (apology, explanation)	Claimant wants public accountability (mediation is confidential)

A point raised by experienced practitioners at a 2023 GEMME Ireland seminar: some medical negligence cases need publicity so that clinical errors can be highlighted and prevented in the future. In those cases, mediation's confidentiality may work against the claimant's broader objectives. Ernest Cantillon, Managing Partner at Cantillons Solicitors, noted that later-stage mediation (once pleadings are closed and expert evidence exchanged) has a substantially higher success rate than early-stage attempts. GEMME Ireland (February 2023) [12].

We call this the HC131 Preparation Window: the critical period between exchanging expert reports and your solicitor applying for a trial date. During this window, you build the strongest possible mediation position because HC131 requires a mediation offer within three weeks of the trial date being fixed. Preparing your position paper, finalising your special damages schedule, and discussing your settlement range with your solicitor should all happen inside the HC131 Preparation Window, not after the clock starts.

The direction of travel is unambiguous. In September 2024, the Interdepartmental Working Group on Rising Health-Related Claim Costs published its report identifying six strategic priorities. The first was faster resolution through pre-action protocols and earlier mediation in clinical negligence claims. Combined with HC131's structured timeline and the SCA's rising mediation uptake, mediation is now embedded in Irish Government policy as the primary alternative to protracted courtroom litigation.

Who pays for mediation?

Mediator fees in Irish medical negligence claims are typically split equally between the claimant and the defendant, unless the parties agree otherwise. The mediator charges for their time, typically a daily rate, plus the cost of the venue. Room hire for a mediation day at a hotel or dedicated centre usually adds €500 to €1,500 to total costs.

Your own solicitor's and barrister's fees for attending mediation are separate. Under a no win no fee arrangement, these are typically covered as part of the solicitor's overall case management. The critical comparison: average legal costs per clinical negligence claim in Ireland stand at €34,646 according to Medical Protection Society 2024 data ¹¹. A successful mediation that avoids months of further litigation, expert fees, and High Court hearing costs can deliver significant savings to both sides.

What happens if you refuse to mediate

Unreasonable refusal to engage in mediation in Irish clinical negligence claims carries real financial consequences. Under Section 21 of the Mediation Act 2017 [13], where the court invites parties to mediate and a party unreasonably refuses, the court may consider that refusal when deciding who pays costs at the end of the case.

The landmark case Byrne v Arnold [2024] IEHC 308 demonstrated this in practice. Kennedy J imposed a 5% reduction in the winning party's recoverable costs because their solicitor failed to comply with Section 14. The judge observed: even if there was only a “5% chance” of the mediation succeeding at the outset, the claimant should have been encouraged to consider it. “A seed is planted,” he noted, and most cases eventually settle before trial. Mason Hayes & Curran analysis (December 2025) [14].

Under HC131, the consequences are more direct. The court can refuse to assign a trial date if the mediation condition hasn't been met. In contested applications, the court treats the hearing as a case management conference and may make costs orders as it considers just.

Confidentiality: can mediation be used against you?

All communications during mediation in Ireland are strictly confidential and cannot be used as evidence in court, under Section 10 of the Mediation Act 2017 ⁶. Records, notes, and anything said during the process are protected. If mediation doesn't result in a settlement, neither side can refer to what was discussed when the case returns to court.

Limited exceptions exist: confidentiality can be overridden to prevent physical or psychological injury, to reveal or prevent a crime, or where disclosure is required by law. Confidentiality also doesn't protect a mediator's own negligence, if the mediator acted improperly during the process, that can be examined.

The practical reassurance: you won't weaken your case by mediating. Concessions explored during negotiation, settlement figures discussed, and explanations offered all remain within the mediation room. The case proceeds to trial as if the mediation never occurred. The next step is to understand what happens if mediation does succeed.

If mediation succeeds: enforceability of the agreement

A mediation settlement agreement in Ireland becomes a legally binding contract once signed by both parties, enforceable through the courts under Section 11 of the Mediation Act 2017 ¹⁰. The agreement has the same legal standing as any commercial contract.

Where the claim involves a minor or a person who lacks mental capacity, the mediated settlement must be approved by the court before it becomes binding. The court independently assesses whether the agreed terms adequately protect the vulnerable person's interests. In practice, this means the judge reviews the medical evidence, the quantum calculations, and whether future care needs have been properly accounted for. The mediation itself can proceed normally, but the settlement agreement is conditional on court approval. For parents pursuing birth injury claims, this additional step typically adds four to eight weeks to the finalisation process. The court may also require that settlement funds be placed in a trust or managed by a court-appointed trustee until the minor reaches 18.

After mediation settles: how long until payment?

Once a mediation settlement agreement is signed, payment processing typically takes four to eight weeks in Ireland. The SCA or the defendant's insurer needs to issue final documentation, process internal approvals, and arrange the transfer. Where court approval is required (minors, persons lacking capacity), the timeline extends by the time needed to secure a court hearing date. Your solicitor's professional fees and any outstanding disbursements are typically settled from the proceeds before the net amount reaches you. Discuss the expected payment timeline with your solicitor during the mediation itself so there are no surprises after you've signed.

Mediated settlements can include terms that a court judgment never could. A judge can only award financial damages under the Personal Injuries Guidelines [15]. A mediation agreement, by contrast, can incorporate a formal written apology, a commitment to review clinical protocols, an explanation of what happened, or structured payment arrangements tailored to ongoing care needs.

Beyond compensation: apologies, answers, and closure

Mediation in medical negligence claims addresses needs that the adversarial court system in Ireland is structurally incapable of meeting. Research consistently shows that patients who pursue clinical negligence claims are driven not only by financial need but by a desire to understand what happened, receive acknowledgement that something went wrong, and hear assurance that changes have been made to prevent the same error happening again.

The adversarial system pushes defendants to deny, defend, and delay. A High Court judge can award compensation but cannot order a consultant to apologise or require a hospital to change its protocols. Mediation's confidential, without-prejudice environment removes those constraints. Healthcare representatives or SCA risk managers can offer explanations and acknowledgements without those words being used as admissions of liability in open court.

Between assessment and settlement, the sticking point is usually emotional rather than financial. Claimants who feel heard and acknowledged during mediation are more likely to accept reasonable settlement terms. The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 [16] has placed open disclosure on a statutory footing in Ireland, reinforcing the principle that patients deserve honest communication when things go wrong. Mediation can deliver that conversation in a structured, supported setting.

The connection between open disclosure and mediation matters for claimants. Open disclosure establishes what happened in the immediate aftermath of an adverse clinical event. Mediation then addresses what to do about it: the financial compensation, the acknowledgement, and the systemic changes. Where a hospital has already engaged in open disclosure before proceedings are issued, mediation tends to be more productive because the factual foundation has been laid. Claimants aren't starting from zero. Both processes share a core principle: honest, structured communication outside the adversarial courtroom framework.

Coming next: court-supervised neonatal brain injury mediation

The Programme for Government 2025 commits to creating a court-supervised, mediation-based process specifically for neonatal brain injury cases in Ireland. Health Minister Jennifer Carroll MacNeill (who has publicly disclosed that her own child experienced a neonatal brain injury and has been through the State Claims Agency process) the current mediation model as “litigation by a different name” and called for a fundamentally different approach to accountability. Irish Examiner (November 2025) [17].

The proposed scheme would feature specialist mediators with expertise in neonatal brain injury, structured early information sharing, and flexibility for remedies including structured settlements. Neonatal brain injury claims currently represent the single largest category of catastrophic clinical claims, with individual settlements regularly exceeding €5 million. The detailed framework remains under development, but the April 2025 HC131/HC132 reforms provide the procedural foundation for court-directed mediation in these cases now.

Common Questions

Is mediation mandatory in medical negligence claims in Ireland?

Mediation remains technically voluntary. You can't be forced to accept a settlement. However, HC131 makes it a practical requirement: any party seeking a trial date must undertake to offer mediation within three weeks and engage within six weeks of acceptance.

• The court can refuse a trial date if HC131 isn't followed.
• Your solicitor must advise you about mediation before proceedings (Mediation Act 2017, s.14).
• Unreasonable refusal to mediate can trigger adverse costs consequences.

Why it matters: The distinction between “voluntary” and “practically required” is important. You control the outcome. The court controls the process.

Next step: HC131 (Courts Service) • Claim timeline

Will I have to sit in the same room as the doctor who harmed me?

No. Medical negligence mediations in Ireland typically use separate rooms, with the mediator moving between parties. Joint sessions may occur briefly for opening statements, but only with your consent.

• You attend with your solicitor and barrister.
• The defendant's team is in a different room.
• The mediator shuttles between rooms (“caucuses”).

What this means for you: The format is designed to reduce confrontation while allowing genuine negotiation.

Next step: What happens on mediation day • Preparation checklist

What happens if mediation doesn't work?

Your claim proceeds to trial exactly as if mediation hadn't occurred. Nothing said in mediation can be used in court (Mediation Act 2017, s.10). You don't lose any rights.

• Confidentiality protects everything discussed.
• Your position at trial is unaffected.
• The settle or go to court decision remains yours.

Why it matters: Mediation is a cost-free test of the defendant's position. The downside risk is essentially a day's time.

Next step: Settle or go to court • How long a claim takes

Does the HSE/State Claims Agency agree to mediation?

Yes. The SCA actively mediates clinical negligence claims. In 2024, 43% of concluded clinical claims where damages were paid involved mediation. The SCA has a dedicated mediation process and appoints representatives with settlement authority.

• The SCA's mediation rate has risen from 32% (2022) to 43% (2024).
• 56% of all SCA claims in 2024 were resolved without court proceedings.
• SCA representatives typically have authority to settle within defined parameters on mediation day.

The takeaway: The State is not opposed to mediation. It's actively expanding its use.

Next step: SCA mediation page • Compensation guide

Is a mediation settlement legally binding?

Yes. Once both parties sign the mediation settlement agreement, it becomes a legally binding contract under Section 11 of the Mediation Act 2017. It can be enforced through the courts like any other contract.

• Claims involving minors or persons lacking capacity require court approval.
• The agreement can include non-financial terms (apology, protocol changes).
• The agreement can state it has no legal force until incorporated into a formal legal agreement.

Why it matters: Once signed, the settlement is final. Take time during the mediation to ensure you're comfortable with all terms.

Next step: Enforceability details • Compensation guide

How much does mediation cost?

Mediator fees are typically split equally between both parties. The total depends on the mediator's daily rate and venue costs. Your solicitor and barrister's attendance fees are separate and usually covered under your fee arrangement.

• Venue hire: typically €500 to €1,500 per day.
• Average overall legal cost per clinical claim in Ireland: €34,646 (MPS 2024).
• Successful mediation reduces the total litigation bill substantially.

Why it matters: Mediation costs a fraction of a contested trial. The financial case for attempting it is strong.

Next step: No win no fee arrangements • Legal costs guide

When is the best time to mediate a medical negligence claim?

Mediation is most productive once expert reports have been exchanged and liability positions are clear. Under HC131, the structured window opens after a trial date is applied for, but mediation can happen at any stage.

• Post-discovery and post-expert-exchange = highest success rate.
• Pre-proceedings mediation is permitted but less common in clinical claims.
• HC131's 3-week/6-week timeline creates a structured late-stage opportunity.

In practice: Timing is as important as preparation. Mediating too early, before evidence is ready, usually fails.

Next step: Claim timeline • Preparation checklist

Do I need a solicitor for mediation?

There's no legal requirement to have a solicitor present, but medical negligence mediation involves complex evidence, high-value quantum calculations, and a power imbalance against the SCA's legal team. Attending without legal representation puts you at a significant disadvantage.

• Your solicitor prepares the position paper and evidence bundle.
• Your barrister typically advises on quantum and negotiation strategy.
• The SCA always has experienced solicitors and barristers at their table.

Why it matters: The other side will be fully represented. You should be too.

Next step: Medical negligence overview • Call 01 903 6408

Can I mediate a claim against a private hospital or consultant?

Yes. Mediation applies equally to claims against private hospitals, consultants, and clinics. The Mediation Act 2017 and HC131/HC132 rules apply to all clinical negligence claims in the High Court, regardless of whether the defendant is public or private.

• Private defendants may have medical defence organisation (MDO) representation.
• The same confidentiality and enforceability rules apply.
• Private claims follow the same Clinical Negligence List process as HSE claims.

Key point: The HC131 mediation framework applies to all clinical claims, not just HSE cases.

Next step: Medical negligence claim process • Expert medical report

What to consider next

How does mediation fit into the overall timeline of a medical negligence claim in Ireland? Mediation typically occurs after expert reports have been exchanged but before a trial date is heard. The average clinical negligence claim in Ireland takes 1,462 days. Mediation can resolve the claim in a single day, cutting months or years from that timeline. For a full breakdown by stage, see our claim timeline guide.

What if I'm not sure whether to accept a mediated settlement or go to court in Ireland? Whether to accept a mediated settlement or proceed to trial depends on the strength of your evidence, the defendant's position on liability, your personal tolerance for ongoing litigation, and the financial terms on the table. Your solicitor can advise on the specific trade-offs. For a full analysis, see settle or go to court.

Do I need an expert medical report before mediation in a clinical negligence claim? In practice, yes. The mediator does not assess your case independently in Ireland. Your expert medical report is the foundation of your position paper and your negotiating strength at the table.

References

1. Practice Direction HC131, Clinical Negligence Actions, Courts Service of Ireland (April 2025). courts.ie
2. Mediation and Alternative Dispute Resolution, State Claims Agency. stateclaims.ie
3. Mediation Act 2017, Section 14, Irish Statute Book. irishstatutebook.ie
4. Personal Injuries Assessment Board Act 2003, Section 3(d), Irish Statute Book. irishstatutebook.ie
5. Clinical Claims Resolution, State Claims Agency. stateclaims.ie
6. Mediation Act 2017, Sections 2 and 10, Irish Statute Book. irishstatutebook.ie
7. Clinical Negligence List in Irish High Court Established, William Fry (April 2025). williamfry.com
8. Section 14 Obligation of Solicitors, Law Society of Ireland Practice Note (November 2025). lawsociety.ie
9. NTMA 2025 Mid-Year Business Update and 2024 Annual Report, State Claims Agency. stateclaims.ie
10. Mediation Act 2017, Section 11 (Enforceability), Irish Statute Book. irishstatutebook.ie
11. The Human and Financial Cost of Clinical Negligence Claims, Medical Protection Society (2024). medicalprotection.org
12. Mediation in Medical Negligence and Catastrophic Injuries, GEMME Ireland Seminar (February 2023). gemmeeurope.org
13. Mediation Act 2017, Section 21 (Costs consequences), Irish Statute Book. irishstatutebook.ie
14. Mediation Act Non-compliance Has Cost Consequences, Mason Hayes & Curran (December 2025). mhc.ie
15. Personal Injuries Guidelines, Judicial Council. judicialcouncil.ie
16. Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023, Irish Statute Book. irishstatutebook.ie
17. Health Minister Shares Son's Neonatal Brain Injury, Irish Examiner (November 2025). irishexaminer.com

Additional resources

Mediation and settlement of claims, Citizens Information

Mediation Act 2017 (revised), Law Reform Commission

Mediation resources, Law Society of Ireland

Related guides: Medical negligence claim process • Settle or go to court • How long a claim takes • Expert medical report • Compensation guide • No win no fee • Birth injury claims

This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.