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Mediation

Alternative Dispute Resolution ("ADR") comprises many processes including: Early Neutral Evaluation, Expert Determination, Conciliation, Mini-Trial and the most rapidly developing of the ADR processes, Mediation.

What is Mediation?

At its simplest, mediation can be described as: a process in which a neutral third party assists those in conflict to reach their own resolution for solving their differences. Moreover, the nature of mediation is that it is a voluntary process; it is about getting the parties to improve their understanding of each other's situation, and then empowering them to seek and agree on a solution to resolve their dispute.

Lately, the European Commission's adoption of a Directive on Mediation in Civil and Commercial Disputes, developments in England arising out of the Civil Procedure Rules introduced in 1999, and the introduction of certain changes in this jurisdiction, including the creation of the Commercial Court, have increased the awareness of Irish practitioners of the importance of mediation in the sphere of alternative dispute resolution.

Suitability for Mediation

Commercial Mediation is gaining an increased currency as awareness grows of its potential use in supporting the resolution of a wide range of dispute types. This is supported by recent Irish legislative developments:

• Residential Tenancies Act 2004
• Civil Liability and Courts Act 2004
• Rules of the Commercial Court 2004
• Equal Status Acts 2000-2004
• The Employment Equality Acts 1998-2004

The key benefits of Mediation

Mediation has been used for many years in this jurisdiction, particularly in such areas as employment and family law, and possesses a number of important advantages which is worth considering:

• It is fast
• The cost is low
• It is confidential and does not take place in the public eye
• Joining the process and remaining in it is entirely voluntary
• The agreement can be customised to what the participants want
• It is highly flexible , and creative solutions can be sought and found
• There can be two winners, not just a winner and a loser or two losers
• Many matters in mediation can not be used in another forum, so the parties are able to speak freely about what is on their mind and also to talk about possible settlements without being held to them

The Future for Mediation in Ireland

As can be seen, mediation affords a number of advantages to parties who choose to avail of it. That it can only grow in popularity is evidenced by the establishment of the Irish Commercial Mediation Association, the Mediators' Institute of Ireland, and numerous informative courses for practitioners about mediation. In light of the adoption of the EU Directive on Mediation, Member States will have 36 months to implement the Directive after the date of adoption, giving an estimated date of 2011.

The message is quite simple - why go to court when you can both reach agreement by talking and listening with the help of a skilled facilitator, and at a time, pace and place that suits you?

For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in Mediation will contact you to advise you of your legal rights and entitlements

This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.