Ireland

Is mediation required before going to court for family matters?

Not mandatory
Mediation status
s. 6
Relevant section
1996
Act year
Family Law Act
Act name
The Short Answer

No, mediation is not legally required before going to court for family matters in Ireland, though courts may encourage or adjourn proceedings to allow for it.

What the Law Says

The Family Law (Divorce) Act 1996 provides the legal framework for divorce and related family proceedings in Ireland. Section 6 addresses the court’s powers in relation to mediation and other dispute resolution methods.

Section 6 of the Family Law (Divorce) Act 1996 gives the court discretion — not a duty — to consider whether the parties should attend mediation or another form of alternative dispute resolution before continuing with court proceedings.

The law does not make mediation compulsory at any stage. Instead, it allows the court to adjourn proceedings for up to three months to give the parties time to try mediation or counselling, if it believes this could help resolve the matter.

This provision applies broadly to family law proceedings, including divorce, judicial separation, and certain custody or access applications.

Statutory Text

The court may, at any stage in proceedings under this Act, adjourn the proceedings for such period, not exceeding three months, as it thinks fit to enable the parties to consider whether they wish to attend mediation or counselling.

Family Law (Divorce) Act 1996, s. 6 — Power of court to adjourn proceedings

What to Do

1

Consider mediation voluntarily — it can save time, cost, and emotional strain.

2

If you begin court proceedings, be prepared for the judge to suggest or order a short adjournment (up to 3 months) to explore mediation.

3

Seek legal advice early to understand your options and whether mediation suits your situation.

4

If you agree to mediate, ensure the mediator is accredited by the Mediation Forum Ireland or the Law Society of Ireland.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.