Mediation
Mediation is a dynamic and interactive process where an independent third party—a mediator—facilitates the parties in dispute to reach agreement. It is increasingly used as an alternative to the court process, allowing for more personal, confidential and timely solutions.
I am a certified mediator with the Mediation Institute of Ireland.
Mediation—what’s its all about?
Every Mediator will have a different definition of what mediation is, but essentially it is a process where an independent third party (the mediator) helps the parties in dispute to reach agreement. Sometimes the role of a mediator is described as “facilitating” the agreement between the parties.
Mediation is at best an alternative to legal proceedings, or occasionally it is a process that can provide the parties with a forum for ‘narrowing’ the issues between them that they would ultimately want a Court to determine.
Mediation is not the solution to every dispute, sometimes parties would rather a Court or Tribunal comes to a decision regarding their dispute. But, increasingly, Courts and Tribunals are encouraging litigants to consider mediation as an alternative to the the traditional court, or litigation, process.
What happens at a mediation?
Every mediation will be governed by the nature of the dispute, the number of parties involved and how complex the issues. However, generally the mediator will meet with the parties individually prior to the mediation and will send out an Agreement to Mediate that all parties, including the mediator, will sign.
Most mediations will last around a day with an agreement, normally in writing, signed by all parties. This agreement can be retained by the mediator, or by the parties. Sometimes, if an agreement needs some time to be “tried out”, it can be agreed to reconvene after a period of time. Alternatively, the parties can agree to proceed as per their agreement and contact the mediator if problem arises. Ideally, the mediation concluded with an agreement reached by the parties that is workable, with their relationship improved to the extent that any “fine tuning” can be agreed between them. Most mediations end without requiring any further input from the mediator, whilst this is the ideal conclusion every mediation is different.
Mediation or Court?
So, what are the advantages to mediation over pursuing a dispute in court?
The advantages can sometimes vary from dispute to dispute, but essentially the advantages over court can be summarised as follows:
· confidentiality;
· lower costs;
· a quicker process;
· less conflict; and
· the parties are in control.
Mediation Costs
Click the link to see how much a mediation would cost