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8 Things You Must Know About Mediation

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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


When is Mediation Especially Appropriate?

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Mediation has moved centre stage and works in any circumstance where parties have diverging interests that need to be resolved. It is particularly suitable where:

  1. The parties wish to preserve their relationship whether commercial, professional or personal.
  2. Confidentiality is key.
  3. The needs of the parties cannot be addressed in court.
  4. Time is of the essence – mediation is fast and flexible.
  5. The parties wish to avoid the costs of lengthy litigation.

What types of disputes can be mediated?

  • Landlord and tenant
  • Neighbour and community
  • Business and customer
  • Employer and employee
  • Divorce and family
  • Negligence
  • Products liability
  • Construction disputes
  • Contracts
  • Personal and real property
  • Small claims
  • Other civil matters

Do’s of mediation

  1. Do listen carefully
  2. Do be fair
  3. Do ask how each party feel
  4. Do let each one state what happened
  5. Do treat each person with respect
  6. Do maintain confidentiality
  7. Do mediate in private

Don’ts of mediation

  1. Don’t take sides
  2. Don’t tell them what to do
  3. Don’t ask who started it
  4. Don’t try to blame someone else
  5. Don’t ask “why did u do it?”
  6. Don’t give advice
  7. Don’t look for witnesses

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 March 16, 2015 by Lisa Byrne


What and Why of Mediation

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What Is Mediation?

An informal process during which an impartial third party assists disputing third parties in reaching a mutually acceptable agreement regarding their dispute.

The Mediation Process

Mediation typically involves five phases, one in advance of the mediation and the others on the day of the mediation;
1. Preparation – Get the information ready
2. Introduction – Welcomes & opening from each party
3. Communication – Discover the story of each party
4. Generating options and negotiation – Dig deeper
5. Agreement – Build agreement

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 a 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
Since 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 March 9, 2015 by Lisa Byrne


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