This Practice Note addresses the importance of confidentiality and without prejudice privilege as part of the mediation process. It considers confidentiality obligations for solicitors and mediators, confidentiality clauses in agreements to mediate and the extent to which any exceptions can be made to the general principles. A fundamental principle of mediation is that confidentiality applies at every stage of the mediation process. This is one of the significant advantages of choosing mediation as a means of dispute resolution. The confidentiality obligations of parties to a mediation flow from the without prejudice nature of mediation, binding all parties involved in the mediation process. For further information regarding the stages of mediation and the legal framework for mediation in Ireland, see Practice Note: Ireland—Stages of mediation. Obligations for solicitors and mediators Confidentiality protections can strengthen the level of trust between the mediator and the parties, increasing the effectiveness of the mediation. The Mediation Act 2017 (Ireland) (MA 2017 (IRL)) promotes mediation as a dispute resolution

What is mediation? Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR). It is a form of assisted ADR in the sense that there is a third-party neutral involved who meets with the parties and seeks to help them in reaching a settlement of their dispute. Why choose to mediate your dispute? There are many reasons why seeking to settle a dispute is appropriate, ranging from preservation of relationship between the parties, litigation cost and time and maintaining confidentiality surrounding a dispute. Added to this, there is an increasingly strong impetus under the Mediation Act 2017 (Ireland) (MA 2017 (IRL)) urging parties to seek resolution of their dispute outside of court. For example, MA 2017 (IRL), s 14 provides that a practising solicitor prior to issuing proceedings on behalf of a client, shall provide information about mediation to the client and advise the client to consider mediation as a means of attempting to resolve their dispute. The solicitor must also sign a statutory declaration confirming they have advised their

The Mediation Act 2017 (Ireland) All mediations are subject to the Mediation Act 2017 (Ireland) (MA 2017 (IRL)) which commenced on 1 January 2018. MA 2017 (IRL), s 2 defines mediation 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 to resolve the dispute’. The scope of MA 2017 (IRL) is provided for in MA 2017 (IRL), s 3 which provides that it does not apply to: • arbitrations covered by the Arbitration Act 2010 (Ireland) • disputes under the remit of the Workplace Relations Commission • disputes regarding payment of taxes and customs and decisions of Revenue Commissioners as to the market value of property • judicial review proceedings • proceedings against the State involving breach of fundamental rights and freedoms • proceedings under the domestic violence or child care legislation Obligations on solicitors MA 2017 (IRL), s 14 places wide ranging obligations on practicing

Updated by Anne Marie O'Mahony, BL. This Practice Note provides an overview of the procedure for bringing medical negligence claims in Ireland. Claims involving medical negligence are subject to the principles of personal injury law, however, practitioners should be aware and have knowledge of the specific laws and practices pertaining to medical negligence claims procedure. Bringing a medical negligence claim Although medical negligence is a type of personal injury claim, practitioners should be aware that there is no requirement to apply to the Injuries Resolution Board (formerly Personal Injuries Assessment Board) in order to bring a claim, and as such, no authorisation is needed prior to the institution of proceedings. The Personal Injuries Assessment Board Act 2003 (Ireland), s 3 (PIABA 2003 (IRL)) expressly states that PIABA 2003 (IRL), s 3(d) applies to civil actions: • other than one arising out of the provision of any health service to a person • the carrying out of a medical or surgical procedure in relation to a person, or • the provision of any medical

For a general introduction to data protection law in Ireland and its key concepts and provisions, see Practice Note: Ireland—Data protection basics. Data Subject Access Request (Pursuant to the General Data Protection Regulation and Data Protection Act 2018) I hereby make a data subject access request through a third party, namely my solicitor (whose details are below). Please make available to my solicitor copies of all my medical records, whether held in paper or digital format (including all radiology). As these records should be readily accessible by reference to my personal information detailed below this is not considered to be an excessive request and the records should be capable of being provided without fee within one month. The purpose of this request is to progress a [civil personal injury claim] against another party, and the records may be used by instructed medical experts to offer opinion on my injuries and symptoms, as well as considering any relevant pre-existing medical history.

This Precedent sets out standard wording for the agreement of members of a private company limited by shares to agree to short notice of a general meeting. For details on the notice periods required for general meetings for private companies limited by shares, see Precedent: Ireland—Notice of an extraordinary general meeting of a private limited company. Company number: [insert number] [insert company name] Limited (the Company) Agreement of members to short notice of a general meeting Calling a meeting on short notice A general meeting may be called on short notice if agreed by: • all the members entitled to attend and vote at the meeting, and • the

This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as

The Department of Enterprise, Trade and Employment has released a report from the Expert Group on Global Value and Supply Chains, fulfilling a key recommendation of Ireland's Trade and Investment Strategy 2022-2026.

The Minister for Finance, Michael McGrath TD, has welcomed the completion of another share buyback transaction with AIB Group Plc (AIB). This transaction, which received shareholder approval at AIB’s recent EGM, sees AIB acquire €999m of its shares from the State by way of an off-market purchase at a final price of €5.0395 per share.

Minister for Justice, Helen McEntee TD, and Minister of State for Law Reform, James Browne TD, have received government approval to publish the Defamation (Amendment) Bill 2024. The Bill provides for a range of reforms to address concerns raised by stakeholders during the public consultation on review of the Defamation Act 2009. Its publication marks significant progress on the Programme for Government commitment to review and reform Ireland’s defamation laws.

These precedent minutes of an annual general meeting of the company are to be used in order to record the proceedings of the annual general meeting of a private company limited by shares. Every company is required to keep a minute book in which all proceedings of general meetings are entered together with the terms of all resolutions passed. The accuracy of the minutes of each meeting should be confirmed by way of signature of the chairman of the meeting. This Precedent should be amended to fit the circumstances of each individual case. Company number: [insert number] [insert company name] Limited Minutes of an annual general meeting (the AGM) of [insert full name of company] (the Company) Place of meeting Many companies increasingly opt to hold a hybrid meeting, where some participants gather in one or more physical locations and others attend virtually, or a fully virtual meeting. Companies may therefore wish to consider the most appropriate wording here. Held at [insert place of meeting] Attendance at the meeting As noted in relation to the

These precedent minutes of an extraordinary general meeting of the company are to be used in order to record the proceedings of the extraordinary general meeting of a private company limited by shares. Every company is required to keep a minute book in which all proceedings of general meetings are entered together with the terms of all resolutions passed. The accuracy of the minutes of each meeting should be confirmed by way of signature of the chairman of the meeting. This Precedent should be amended to fit the circumstances of each individual case. Company number: [insert number] [insert company name] Limited Minutes of an extraordinary general meeting (the Extraordinary General Meeting) of [insert full name of company] (the Company) Place of meeting Many companies increasingly opt to hold a hybrid meeting, where some participants gather in one or more physical locations and others attend virtually, or a fully virtual meeting. Companies may therefore wish to consider the most appropriate wording here. Held at [insert place of meeting] Attendance at the meeting As