Expansion of services
The Injuries Resolution Board, Ireland’s independent State Body which resolves personal injury claims, is now offering mediation services. Mediation is a quick and effective way of dealing with personal injuries claims and is currently available for workplace injuries (employers’ liability) and – as of May 8th, 2024 –public liability claims.
In mediation, those involved can talk about and explore issues of importance to them and it is a voluntary and confidential service.
These issues of importance could include the claim value, extent of injury, liability, negligence, or future treatment requirements.
“Mediation is an effective way of resolving disputes quickly and in a cost-effective manner,” The Minister of State for Trade Promotion, Digital and Company Regulation Dara Calleary said, when formally launching the service’s expansion to public liability claims in May. “It helps both claimants and respondents to reach a mutual agreement and provides an alternative to litigation which can be costly, time consuming, and stressful for all involved.”
“Already we have seen a very strong initial response to the introduction of mediation for workplace accident claims with almost 40% of claimants indicating that they would be willing to enter into the mediation process.”
“The introduction of mediation has represented an important expansion of our services,” says Injuries Resolution Board CEO Rosalind Carroll.
“Mediation offers an opportunity for both sides to a claim to have their say far earlier, reach an agreement rather than have a decision made for them, and at the same time reduce the significant cost and time associated with litigation claims in Ireland.”
“By removing even more cases from costly litigation, this should create an environment which facilitates the growth of a healthy insurance market, which attracts competition and has insurance that is available and affordable for individuals, communities, and businesses to be able to function and thrive.”
What happens in mediation?
If you opt for mediation, one of the Injuries Resolution Board’s experienced and impartial mediators will work with the claimant and the respondent with the aim of facilitating both parties to reach a mutually agreed outcome.
Typically, 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). Where agreement is reached, the mediator will draft an agreement and will send it to the parties to sign. There is then a ten-day cooling off period, after which time the agreement becomes legally binding.
Why choose mediation?
Some of the benefits of mediation to resolve personal injury claims can include.
- Quick – resolution in less than three months.
- Allows you talk about the issues.
- Confidential.
- Voluntary – all those involved agree to mediate.
- Doesn’t affect legal rights if no agreement is reached.
- Independent and impartial.
- 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.
- Issues to be mediated can be broader than via our assessment service.
How do I apply for mediation?
If you are a claimant the Injuries Resolution Board’s claim form both online and paper based can be accessed via their website at www.injuries.ie
All applications from claimants are automatically entered into the 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 a claim has been made against you, the Injuries Resolution Board 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.
Mediation is not currently available in motor liability claims, but the Board aims to extend mediation to that class of claims later in 2024.
Find out more.
The expansion of mediation offerings comes as the Injuries Resolution Board celebrates its 20th anniversary and continues to enhance and expand its services to resolve claims fairly for all parties and reduce the need for unnecessary lengthy and costly litigation, while also supporting a better environment for a competitive insurance market.
For more information visit https://www.injuries.ie/eng/mediation/
