Mediation & Mediator Information Leaflets

Separation & Divorce – Family Mediation

Consise guide outlining how mediation can help parties going through Separation or Divorce.

• Division of Assets
• Spousal & Child Maintenance
• Pensions and Insurances / Business Assets / Future Inheritance
• New living arrangements, including that of any children
• Issues involving children including, Access, Custody and Guardianship
• Issues surrounding the education and schooling of the children
• Family holidays & special occasions (Christmas etc)
• Succession Issues

Commercial, Civil & Workplace Disputes

Consise guide outlining how mediation can help parties with commercial Disputes

• Issues in relation to the performance of contracts
• Disputes arising from the non payment for goods or services
• Disputes arising from the supply of Defective Goods or Services
• Building Construction Disputes / Sub Contractor Disputes
• Banking & Financial
• Intellectual Property
• Shareholder / Partnership / Board of director Disputes
• Property & Boundary Disputes
• Personal Injury

Family Mediation – A Better Approach

Family Mediation helps the parties to focus on what is truly important to them and what is not. The parties are in conflict, ergo they are fearful at some level and their minds are fil led with a mixture of anger, resentment, fear, doubt and regret. The mediation process will enable and allow the thorough exploration of the needs of both parties through listening, restating, generating alternatives and other options, evaluating these and beginning the process of agreement.

With Mediate Ireland family mediation is structured but not too formal; it is empathic but it is not counselling; it leads to enforceable agreements and agreements as to how to proceed to court where appropriate; it facilitates the parties in coming to settlement terms but it never imposes them; it is voluntary and confidential; it is fast, efficient and cost-effective; it seeks to promote future relationships between parties and their children

Mediation in Medical Negligence Cases

Medical Negligence Mediation enables the resolution of disputes in a more timely, confidential and economical manner than the current system which places huge burdens – personal, psychological and economic – on all of the parties involved.

For a plaintiff Medical Negligence Mediation provides a method of resolution that has less risk and can provide satisfaction within a period of time that such satisfaction has real meaning. For the plaintiff’s legal team the case moves and often provides the best chance to work out a structured settlement while those non-monetary matters – like explanations and apologies – that can enhance the real value of a settlement are still meaningful to their client.

A defendant doctor or consultant can spend years being virtually terrorized by the threat of public embarrassment, professional ostracism, and financial ruin. He is frequently most anxious to give that explanation and apologise that the plaintiff suffered harm – even if not admitting that he caused the harm, just stating the truth that he is sorry that the plaintiff suffered it.

What are the main Methods / Styles of Mediation?

When you engage in the Mediation process there are 3 main Methods / Styles of mediation that you can expect a mediator to use, namely “Evaluative”, “Facilitative” & “Concord”. In this short article we are going to briefly look at each style.

We believe these styles are guideposts rather than distinct differences in the evolution of any given mediation – from least interventionist to most interventionist.  Most mediators use some facilitative and some evaluative techniques, based on individual skills, experience and predilections and the needs of a particular case. We focus strongly on what the parties say and how they say it; what their interests are as opposed to the stated issue; what their real needs are – so that possible resolutions coming from them are always highlighted.

Draft Mediation Bill Published

The inexorable march of Mediation becoming an integral part of all Civil Proceedings was greatly accelerated with the publication of the draft MEDIATION AND CONCILIATION BILL, 2010 yesterday, 16th November 2010. The Bill was published with the Law Reform Commission report entitled “Alternative Dispute Resolution: Mediation and Conciliation”.