Mediation in Ireland has been shown to be the best approach to the resolution of disputes such as, Divorce, Separation, Employment Law, Childcare, Commercial Contracts, Wills and Inheritance. Worldwide it has been shown that the use of Mediators is at least 30% less expensive, 70% faster than Litigation and successful in 80% of Mediation’s. The EU Directive on Mediation was enacted into Irish Law in 2010. The government and the judiciary actively promote and encourage mediation in most disputes.
Using a non adversarial approach to conflict helps parties find innovative solutions to their issues, improves communication between parties, it can even lead to improved future relationships where a complete breakup of the relationship would normally have occurred. There will always be a place for litigation in resolving disputes. However, even where court proceedings have been started Mediation can be used very successfully to speed up the resolution of the dispute – to the satisfaction of all concerned, both the parties involved and their respective legal teams. It has been used to shorten disputes by years, enabling much quicker settlement of claims and disputes and allowing people to move on.
Some examples of disputes where mediation works
|Family Mediation Services
Workplace / Employment Mediation
Community / Local Government Mediation
Civil / Commercial Mediation
How most Disputes are currently Resolved
Litigation and the use of Court processes has been the principal, if not the only, method of dispute resolution available in the past.
- It is slow
- Often leads to even further polarisation of the parties during the protracted process
- It consumes your time, your money, and your resources and those of the professionals that you employ
- It can be virtually all-consuming
However in more recent times, ADR (Alternative Dispute Resolution) techniques have gained ever increasing acceptance – particularly Mediation with its emphasis on structured facilitation and conciliation designed to lead to quick and effective resolution.
A new and better way to Resolve Disputes
Mediation is a totally confidential and safe environment in which each party can discuss their concerns and issues in relation to the dispute, while getting an understanding of the concerns and issues of the other party. The format of a mediation may vary depending on the form of the dispute. It is important to realise that resolutions to conflict are not “one size fits all”, and getting to understand the positions and issues of the parties to the dispute is crucial to getting a lasting solution. In some cases the parties have no direct or very little, communication with each other and spend the entire mediation in separate rooms. In other cases the parties spend the much of the mediation process in face to face discussions
Mediation is becoming an integral part of all Civil Proceedings. A major step in this direction was taken with the publication of the draft MEDIATION AND CONCILIATION BILL, 2010 on the 16th November 2010. This greatly increases the ability of the Courts to use mediation to resolve cases quickly & cost effectively.
Mediation is successful in approximately 80% of cases
with a typical mediation lasting only one day