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What is mediation?                                                           

Mediation is a process whereby our experienced & professional team  help you & the other party reach agreement outside of the court system. The agreement reached and drafted by the mediator is binding between the parties. The reason this process works is the people themselves decide on the terms of the agreement. The mediator through their experience & qualifications help parties come to that decision in an amicable way.

 Call 087 98 32 112 for a helpful mediator

What should I expect from a mediation session?
Each party will need to be willing to work to resolve issues and to work through their difficulties to achieve same. Parties should expect to discuss their position and try to listen to the other party too. Following on from this, each individual will have an opportunity to voice concerns and to speak without interruption. The mediator will ask the parties to share information (confidentially if appropriate) with them focusing on their needs and interests and to work to resolve matters.

Usually two or three meetings will be sufficient or in a complex family case the most one can expect would be six or seven sessions with the Mediator to thoroughly resolve all issues. However, this can vary from case to case.

At any stage each party, or indeed the mediator can decide the mediation is not productive and stop or suspend the process . Our mediators are aware of the financial difficulties many parties find themselves in and will ensure that the process continues to move forward in order to settle matters for both parties as quickly as possible.

Why choose mediation?

Mediation has also been used extensively in both the public and private sectors as a means to resolve matters instead of court. Judge Peter Kelly in the Commercial Court has requested parties use the service in order to resolve their dispute. The techniques used have been so successful that there is a steady and rapid growth of the process in almost all sectors of dispute resolution.

Is collaborative law the same as mediation?

Collaborative law is usually availed of in family disputes. Each person brings their solicitor to every session to represent them. Consequently, the cost does tend to be higher. In addition, often the result is a ‘lose-lose’ situation where both solicitors argue on behalf of their clients rather than working towards a solution that is best for both parties and their children (if applicable). During this collaborative process each solicitor agrees that they cannot represent you their client should the case go to court. This means if you are unable to settle your differences during this process, you lose all progress made and have to start from scratch with a new legal team.

What if mediation does not resolve the matter?

If the matter is not resolved through mediation the parties can still use the court system to resolve their dispute. Mediation is simply an alternative to this system designed to help individuals resolve dispute in their own time. This therefore ensures they themselves decide the outcome. Moreover, if court is in session the Judge may still  encourage mediation. This is also true for if a case has been heard in part.

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