Mediation at The Injuries Resolution Board

Our New Mediation Service

The Injuries Resolution Board now offers mediation as a service. Mediation is a quick and effective way of resolving personal injuries claims. This service is in addition to our assessment service.

Mediation is a voluntary and confidential process. In mediation, those involved can talk about and explore issues of importance to them.

This could include the claim value, extent of injury, liability, negligence, or future treatment requirements, to name a few. Our mediators are experienced at mediation. They are impartial and won’t take sides and have knowledge of the personal injuries’ environment and Personal Injuries Guidelines. Our mediators do not make decisions for the parties but help clarify the issues and facilitate agreement.

Our claim application form provides information on how to opt for mediation in workplace injury claims.

Why Choose Mediation?

Main Benefits of Mediation

• Quick resolution

• Independent and impartial

• Allows you talk about the issues

• Issues to be mediated can be broader than via our assessment service

• Confidential

• Voluntary – all those involved agree to mediate

• Doesn’t affect legal rights if no agreement is reached

• The parties’ control whether there’s an agreement or not, but never have to speak directly to each other thereby reducing stress

• Agreements are legally binding

What Happens in Mediation?

If you opt for mediation, one of our experienced and independent mediators will work with the claimant and the respondent (those who the claim is being made against) with the aim of facilitating both parties to reach an agreed outcome.

Typically, our mediations will be done over the telephone, with an appointment arranged in advance by the mediation team at the Injuries Resolution Board. You do not have to talk directly to the other party. Instead, the mediator, through a series of separate calls will listen to both parties to gain a full understanding of the issue(s).

The Mediator will

ask each of you to share your view of the situation.
give information that will help your discussion, e.g., information on the law and

the Personal Injury Guidelines.

make sure everyone has their say and behaves in fair and reasonable way.
help you reach a fair agreement if possible.

The mediator will guide you through the process, but they can’t decide anything for you. The parties are in control. If agreement is reached, they will draft a written version of anything agreed orally.

This will then go to both parties to sign and return. Once signed, there is a ten-day cooling off period, during which you can change your mind. If everyone is still happy after 10 days, the agreement becomes legally binding, and we will issue an Order to Pay. This order has the same standing as a court order. It’s important to know that you can withdraw from the mediation process at any

stage, and this will not have any consequences for what happens to your claim afterwards. In certain circumstances, an in-person mediation can be arranged, at the discretion of the Injuries Resolution Board

How Do I Apply for Mediation?

If you are a claimant:

Our claim form is available online on our website or a paper-based form may be accessed via the website at www.injuries.ie.

All applications from claimants are automatically entered into our service for assessment. If you would like the mediation option, you need to tick yes to the mediation question in the employer liability section. There is no additional cost for the service.

If you are a respondent:

If a claim has been made against you, we will send you notice of the claim with a consent form with several options for you to consider. You will have the option to consent to mediation, mediation and assessment, assessment only or none of these options. There is no additional cost for mediation. For the mediation to go ahead, all parties to the claim will have to agree to take part.

How do I Prepare for Mediation?

The Injuries Resolution Board will send you a date and time for your mediation, which will include the name of your mediator and the number on which they will phone you.

Before the appointment:

Take time to think about what you are hoping to achieve
Ensure you will be somewhere private and quiet to receive the mediator’s call
If you have a legal representative or someone attending the mediation with you, they will also need to sign our confidentiality agreement (see below)

Documentation:

We only ask for two things ahead of mediation:

A signed confidentiality form. This requires you to acknowledge you understand that mediation is a confidential process, and nothing discussed during the mediation can be shared outside, even if no agreement is reached. Everyone who is planning to attend the mediation will have to sign this
A pre-mediation form. We encourage both parties to fill out a pre-mediation form. This document is not shared with the other party. By filling out this document, the mediator can understand what is important to each party and can use the time allocated to the mediation to focus on a mutually acceptable solution. The mediation can go ahead without this, but it is a help for the mediator to understand some of the issues in advance

The confidentiality agreement and the pre-mediation form will issue with your mediation appointment letter. The mediator will also receive a copy of your claim application and your treating medical report

Can I Have a Legal Representative at Mediation?

You don’t need a legal representative to take part in a mediation. However, you can choose to have a solicitor accompany you, or represent you, at the mediation. Our mediators have access to conference lines, so it is possible for you and your solicitor to take part together. If you choose legal representation, you may need to be available to sign any agreement reached. Also, everyone attending the mediation must agree to keep the confidentiality of the process.

What if English isn't my First Language?

Where an interpreter is required, it shall be provided by the Injuries Resolution Board. Please let us know if you need interpreter support, and in which language.

If there’s no agreement at mediation, will it have any implication for a subsequent Assessment or court proceedings?

All communications both written and oral relating to a mediation are confidential and cannot be disclosed in relation to a later assessment or any proceedings in court. The confidentiality is unending, even if agreement is not reached. All parties have equal responsibility for preserving this. Confidentiality can only be lifted in very limited circumstances provided for in law.

Can mediation happen if the other side doesn’t want it?

We can only arrange for a mediation if the person/company against whom you are making the claim also agrees to take part. This is because mediation is voluntary and consent of all parties.

Is there any other useful information?

The Personal Injuries Guidelines can be accessed on our website. They set guideline levels for the awarding of compensation by the Injuries Resolution Board and the Courts.

Does anyone else use Mediation to settle disputes?

Mediation is recognised internationally as a highly effective way of resolving disputes. It’s successfully offered by similar organisations in Ireland, like the Residential Tenancies Board, the Financial and Pension Services Ombudsman and the Workplace Relations Commission. It is also widely used in family law, community mediation and commercial disputes.

Mediator Portal

If you are a member of the Injuries Resolution Board mediator panel, you can access the portal here: Mediator Portal