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Motor Claims

Motor Claims

As of 12 December 2024, the Injuries Resolution Board will commence offering mediation in relation to motor liability claims. This will mean that Claimants and
Respondents will be able to opt for mediation as a method of resolving claims arising from motor accidents.

This is in line with the previous service offered by the Injuries Resolution Board offering a similar service with employer liability and public liability claims in the
previous 12 months.

FAQ’s

Mediation is an alternative dispute resolution (ADR) process introduced under the Mediation Act 2017. It allows parties to resolve a claim outside of the court system through a confidential and voluntary process. In mediation, an accredited and independent mediator, often an experienced litigator, facilitates discussions between the parties to help them reach an agreement. If an agreement is not reached, the parties’ legal rights remain unaffected, and they can still pursue the matter through the courts.

Here are the key reasons why someone might choose to mediate a dispute:

  1. Time Efficiency: Mediation is often more time-efficient than going through the courts. Circuit Court claims can take 12-18 months to resolve, while High Court claims can take over 2 years. In contrast, the Injuries Resolution Board estimates mediation can be completed within 3 months.
  2. Cost Savings: Mediation can be less expensive than the legal costs involved in full litigation.
  3. Confidentiality: The mediation process is confidential, which some parties may prefer.
  4. Legally Binding Agreements: A successful mediation results in a legally binding agreement that has the same enforcement power as a court order.
  5. Voluntary Process: Mediation is a voluntary process – all parties must consent to participate.

So in summary, the key advantages of mediation are its time and cost-effectiveness, the confidentiality it provides, the legal enforceability of any agreements reached, and the voluntary nature of the process.

The Injuries Resolution Board provides a mediation service at no additional cost to the parties involved. This is different from mediation that occurs after the commencement of legal proceedings, which can incur several associated costs.

If you would like to know more about this, please call us today to arrange a consultation. Please telephone Eoin Powderly on: +353 1 6284333 or email: contactus@powderlysolicitors.ie

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