Significantly Reduced Costs
Significantly Shorter Time Frame
Helps to Preserve Relationships
Mediation is “Without prejudice”
Always Leaves Other Options Open
Promotes use of Creative Solutions
High Settlement Potential
Mediation is a highly successful, cost effective and private form of dispute resolution.
Mediation is a facilitative and confidential process in which a mediator assists parties to a dispute to attempt, on a voluntary basis, to reach a mutually acceptable agreement.
Mediation is useful in a wide variety of conflicts particularly in the aftermath of an incident, and when emotions have eased enough that the parties can begin to negotiate and resolve the incident.
A Mediator is one who assists parties to reach a voluntary agreement to resolve their dispute whilst acting at all times in accordance with the principles of impartiality, integrity, fairness and confidentiality.
Arbitration is almost akin to litigation as both involve full legal discovery, witness cross examination and senior legal representation resulting in a lengthy process which is expensive, confrontational and adversarial. The arbitrator or the judge will decide who wins and who loses.
In mediation the parties themselves decide the outcome and not the mediator.
Everything which is discussed during the mediation, and any documents prepared specifically for the mediation cannot be used by any party outside of the mediation process. The purpose of confidentiality is to provide a setting in which the parties can discuss the facts and issues openly, without fear that what has been said may be used against them outside of the mediation. The ability to speak openly often leads to solutions.
The best timing for mediation is as early in the dispute as possible. If legal advisors have been engaged the mediation should take place before expensive discovery. Mediation is always an option even if court proceedings have commenced.
Many disputes are fueled by emotion, anger and pain rather than the desire for settlement. However, the closest most parties will come to justice is through settlement on terms that they help achieve.
By focusing on the problems and examining potential solutions together, the parties can overcome deadlock and very often re-establish a working relationship.
The mere desire to settle a dispute is not enough. A successful mediation requires commitment. If all parties commit to resolving the dispute, there will be a settlement. When all the ingredients are present, it works exceptionally well.
Colm and Dermot are both full time mediators accredited by the Mediators Institute of Ireland. In forming the Mediation Partnership they bring their vast experience...
Colm and Dermot are both full time mediators accredited by the Mediators’ Institute of Ireland. In forming The Mediation Partnership they bring their vast experience...
Mediation by it’s nature is facilitative. The mediator is looking to the parties to identify what can work for them. Disputes arise in many commercial organisations...