Any type of dispute or conflict between companies, sole traders or individuals is ideal for commercial mediation. There are many forms of ADR (Alternative Dispute Resolution) however Mediation in Ireland has been consistently shown to produce the most successful outcomes. Disputes can be mediated even if a Lawsuit/Litigation has commenced. The quickest,most cost effective & successful approach for business is to bring in a Commercial Mediator to help parties resolve the issues. Mediate Ireland understands that disputes can be Prohibitively Expensive to litigate and inevitably lead to Stress, Broken Relationships, Bad Publicity, Lost Business, Damaged Image and Wasted Time, using a mediator is the answer.
Disputes/Lawsuits that can be successfully mediated
- 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
- Family Business Disputes
- Personal Injury
Mediation in the Irish Construction Industry
The construction industry has embraced Mediation and has included a Mediation clause as the first option for parties in dispute resolution in its standard contracts. A survey conducted by the Construction Industry Federation indicates that Mediation was chosen for 60% of disputes between 2001 and 2005 and of these 81% were successfully resolved giving rise to an estimated saving of €200m to the industry.
A 2010 survey comparing the costs and time saving of Mediation v Litigation in Ireland and the EU concluded the following;
Cost of Lawsuit (EU) per €200,000 of claim €25,337
Cost of Lawsuit (IRL) per €200,000 of claim €53,800
Cost of Mediation (IRL) per €200,000 of claim €7,000. The cost difference speaks for itself.
Time taken to Litigate a €200,000 claim (IRL) 515 Days
Time taken to Mediate a €200,000 claim (IRL) 40 Days
Commercial Mediation in Ireland’s Courts
Commercial & Civil Mediation is a rapidly growing form of ADR (Alternative Dispute Resolution). This is especially true since 17th of Dec 2009, (effective 1st of Jan 2010) when the New Circuit Court Rules (S.I.539 of 2009) were signed into law by Dermot Ahern, the Minister for Justice, Equality and Law Reform.
“Circuit Court Judges – and the County Registrar at a case Progression hearing – are permitted to adjourn certain civil proceeding for a period not exceeding 28 days to allow the parties to use ADR to settle or determine the proceedings at issue.”
Figures available from the Commercial Court indicate that between 2005 and 2008 where the parties voluntarily agreed to mediate their disputes after commencing proceedings in the Court, 63% of those cases settled following Mediation . Since 1st of Jan 2010 parties can now be instructed by the court to use mediation to try and resolve the dispute, prior to proceeding with the case in court.
The Mediation Process is:
- Successful in approximately 80% of disputes mediated
- 70% quicker than litigation
- At least 30% cheaper than pursuing a lawsuit through the courts
- Totally confidential process between the parties
- A safe, neutral and non-threatening environment in which to discuss issues
- Completely Impartial
- An organised and constructive process
- Non judgemental and Non adversarial (as would be typical of court proceedings)
- A process leading to a lasting long term agreement
- Agreed to and ‘owned’ by the parties themselves
Using a Commercial Mediator will:
- Dramatically speed up the process of settling a dispute
- Give a better and more effective outcome that makes sense to the parties themselves
- Increases the likelihood of both parties doing mutually beneficial business together in the future
- Ultimately reduce the cost of the whole process