Why Use Mediation?

1. Cost

Mediation costs may be significantly less than taking a case to court, especially if mediation is chosen prior to filing a lawsuit.

2. Control

Parties keep control over the outcome of their own problem but can have their advisors present to assist and guide them. In Court the control lies with the judge or jury. Mediation is voluntary, and may be terminated at any time by a party or the mediator.

3. Confidentiality

Mediation is confidential and without prejudice to any proceedings. The mediator and parties must maintain, to the full extent required by law, the confidentiality of the information disclosed.

4. Support

Mediators are trained in working in difficult situations. Both the facts and feelings are considered with the help of an impartial third party. The mediator helps parties think “outside the box” for possible solutions, broadening the range of possible solutions.

5. Compliance

The result is attained by both parties and is mutually agreeable, compliance with the agreement is usually high. This again reduces costs as the parties do not have to pay lawyers to enforce the agreement.

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on December 11, 2017 by Lisa Byrne

Is Conflict Constructive or Destructive?

Conflict is destructive when:

  • Takes attention away from other important activities
  • Undermines morale or self-concept
  • Polarizes people and groups, redoing cooperation
  • Increases or sharpens difference
  • Leads to irresponsible and harmful behaviour, such as fighting and name calling.

Conflict is constructive when:

  • Results in clarification of important problems and issues
  • Results in solutions to problems
  • Involves people in resolving issues important to them
  • Causes authentic communication
  • Helps release emotion, anxiety and stress
  • Builds cooperation among people through learning more about each other: conflict resolution
  • Helps individuals develop understanding and skills

Conflict resolution

If it is well managed, conflict can have positive outcomes.

Mediation is a method to conflict resolution provided by Cooney Carey.

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on August 18, 2017 by Cooney Carey

8 Things You Must Know About Mediation

mediation_dispute_2

1. Mediation is one of several approaches to resolving disputes. It differs from adversarial resolution processes by virtue of its simplicity, informality, flexibility, and economy.

2. The process is entirely confidential and flexible.

3. All discussions and negotiations are without prejudice and any documents prepared for mediation will be privileged and cannot be used in any subsequent court process.

4. Each party must have authority to negotiate and sign a settlement agreement.

5. Advisors can participate fully by preparing any necessary paperwork in support of the process and by attending with their client in a supportive role on the mediation day.

6. The mediation will typically take place over the course of one day (But sometimes a further day is required).

7. Mediation and litigation are not mutually exclusive.

8. Not all disputes lend themselves well to mediation. Success is unlikely unless:

– All parties’ are ready and willing to participate
– All (or no) parties have legal representation. Mediation includes no right to legal counsel.

What questions do you have?

We are happy to help. Please post your comment below or call Lisa Byrne, Audit Manager at Cooney Carey, on 01 677 9000. Alternatively, send her an email: lbyrne@cooneycarey.ie 

If this article helped you, please share it with other businesses.

Posted on April 15, 2015 by Lisa Byrne

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