What is interesting though is the sections of the Act on which recent judgments have focused.

A recent judgment by Twomey J in V Media Doo & First Click Marketing Operations Management Ltd v Techads Media Ltd [2025] IEHC 430 again addressed section 14 of the Act and the obligations it imposes on solicitors.

At its core, the case involved a collapsed business relationship in the digital advertising sector. Both sides made multimillion-dollar claims; both came away empty-handed. But what makes the decision noteworthy is Twomey J’s insistence on how rigorously courts must enforce section 14.

He held that:

• Courts must proactively ensure a Mediation Declaration is filed before a case proceeds.
• Solicitors’ duty to advise clients on mediation is not a box-ticking exercise but a substantive obligation.
• The Act represents a deliberate step by the Oireachtas to restrict access to the courts until litigants are comprehensively advised on mediation.

For practitioners, the message is clear: mediation advice is not a formality. Failure to comply can derail proceedings at the outset. More than that, Twomey J suggested that the legislature intended to protect litigants from the cost and delay of litigation, even if that means interfering in the solicitor-client relationship.

The ruling also highlights mediation’s role as a “reality check”. Both sides in this case overestimated their positions; mediation, he observed, can expose weaknesses before the costs of litigation spiral. 

It is a reminder that courts increasingly expect lawyers to advise clients not just about their legal rights, but about the risks of avoiding mediation.

What is striking is that, while provisions such as section 16 (court invitations to mediate) and section 21 (cost sanctions for unreasonable refusal) have yet to dominate the caselaw, section 14 continues to be centre stage. For solicitors, that means scrutiny of mediation compliance is not going away.

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