Use of mediation

The State Claims Agency seeks to settle claims, where possible, outside of the formal court process, through negotiation in correspondence, meetings between the parties and utilising alternative dispute resolution methods such as mediation, where appropriate.

Mediation is a method of alternative dispute resolution, which is recognised in the civil justice system by the Mediation Act 2017. Mediation is as an alternative to the formal court process and parties to a claim can use mediation to try to resolve the claim in a non-adversarial manner at any stage of the claims resolution process.

How claims resolved in 2024

Fifty-six per cent of claims resolved by the State Claims Agency in 2024 were resolved without court proceedings being served, compared with 55% in 2023. The State Claims Agency paid damages in 59% of all cases resolved in 2024, compared with 58% in 2023. Just over 2% of cases resolved by the State Claims Agency in 2024 were the subject of a court judgment.

*Claims with a Case Outcome of ‘Outside State Claims Agency Remit’ have been excluded.

Alternative Dispute Resolution

Mediation is particularly suitable for resolving complex clinical claims, as an alternative to the adversarial court process. Forty-three per cent of claims concluded by the Clinical Claims Unit in 2024, and where damages were paid, involved a mediation process¹, compared with 40% in 2023 and 32% in 2022. Mediation also forms an integral part of the Scheme of Settlement put in place by the State Claims Agency to resolve H1N1 flu vaccination claims and the South Kerry Child and Adolescent Mental Health Services (Kerry CAMHS) claims.

_{1 Concluded claims are claims where damages, if any, have been agreed, whether through settlement discussions or court award, but where costs may still be outstanding.}