What is Mediation?
It involves an independent third party (Mediator) who acts as a facilitator between the parties to assist them to explore ways to resolve their differences and to reach an agreement that best addresses their needs. Mediation is a process that may be used instead of using the Court system to resolve a dispute.
It is a voluntary and non-binding process that only becomes legally binding on the parties if a settlement is reached.
A solicitor can help in mediation by highlighting the important facts in your case and offering advice on the legal issues involved.
Frank Doherty is a qualified Commercial Mediator, having trained in London with the Centre for Effective Dispute Resolution (CEDR). He is also a member of The Mediators’ Institute of Ireland (the MII), the professional association for Mediators in the Republic of Ireland and Northern Ireland. Established in 1992, it promotes the use and practice of quality mediation as a process of dispute resolution.
As a practicing MII Mediator, Frank operates the MII Code of Ethics. MII Mediators in practice are required to have appropriate professional indemnity insurance in place and are subject to independent regulation. The MII has clear and transparent accreditation, training and Continuing Professional Development requirements that meet international and professional standards.
Dealing with Disputes
Doherty Solicitors have built up a reputation as a leading firm in Ireland dealing with disputes and helping parties reach a mutually acceptable solution in a cost effective manner. We may be able to help you resolve a dispute that you are having.
Mediation is a win-win process as you both decide on a mutually acceptable agreement. To find a mediator, book an appointment or to just seek more information, contact us.
Once established that the parties agree that Mediation can help and have signed an ‘Agreement to Mediate’, the typical next step is for the Mediator to facilitate one or more meetings in a neutral and private location where the parties can seek to resolve the dispute. The purpose of the meeting is to foster good communication between the parties, encourage conciliation and cooperation so that they can move from dispute to negotiation and finally agreement.
Mediations do not have fixed, formal or compulsary elements. Mediators are trained to deploy a wide range of options and skills in ensuring that the Mediation can be as effective as possible. Mediation sessions will usually include some or all of the following;
- the establishment that all participants understand the ‘ground rules’ concerning confidentiality and behaviour.
- the ensuring that all parties understand the role of the Mediator.
- the parties each articulate their side of the story and indicate what they feel is important.
- issues are identified which require attention and discussion.
- the interests and objectives of each party can be clarified in light of the issues identified.
- objective criteria for approaching the areas of difference can be discussed and agreed.
- the identification and timetabling of any further asistance or information which would assist.
- identify the existing options to resolve the differences.
- arriving at broad proposals for resolution
- discuss proposals and analyse in detail whether they could be effective.
- adjust and refine proposed solutions until both parties find them acceptable in full.
- formulate the solutions into an agreement or memorandum.
MEDIATOR OR DISPUTE RESOLUTION QUERIES
Contact us now with your query and see if Doherty Solicitors are a suitable match for you. Take the opportunity to discuss your legal issue and see first hand our professional friendly approach.
All queries are dealt with in the strictest of confidence.
Line 1: +353 65 6846884
Line 2: +353 65 6846885