Mediation and conciliation can either be initiated by the parties involved in a dispute or suggested by a court after proceedings have begun, after which proceedings can be adjourned to permit it.

The most well-known example of this happening was in a case involving broadcaster Pat Kenny, his neighbour and a plot of disputed land. After a high-profile court action, the judge suggested the warring parties go off and sort it out amongst themselves, which they duly did.

The process is voluntary so there does need to be a degree of reasonableness on both sides. Not all mediation or conciliation (the difference is based on whether a third party facilitator makes proposals or not) end in a settlement and when they don’t, costs may actually increase as the parties bear the cost of both mediation and litigation.

Of course not all cases are suitable for mediation.Where illegality is alleged or where a significant point of law is involved, the traditional channels are the only ones left open.

In May, the Minister signed the European Communities Mediation Regulations Bill which allows the courts to actively adjourn a court case and order parties to enter into mediation.

“We have seen this happen a lot in the Dublin courts where judges terminate court proceedings and send the parties across the courtyard to reach an agreement through the mediation process,” says Rosie Gallagher of Citywide Consultants Mediators. “Successful mediation cases are then fast-tracked through the courts, often on the same day, reducing court time and expense.

“Mediation is equally as important in family law cases where the cost of going to court may be very high, both on an emotional and financial level, she adds. As a result the family law courts are now in the process of advocating mediation as the least painful and most cost-effective form of dispute resolution.”