MEDIATION

Our accredited mediators are experienced in commercial dispute resolution. We are always ready to conduct a confidential and efficient mediation process.

Mediation, Generally

Mediation is a process wherein an independent mediator assists parties to a dispute resolve their dispute in a collaborative manner.

The principles of mediation are voluntariness, impartiality, confidentiality, empowerment and respect. These principles refer to the fact that, for there to be a mediation, parties to a dispute must voluntarily agree to participate in the mediation and in a respectful manner. In turn, the mediator must remain impartial toward each of the parties and facilitate them in reaching a mutually-acceptable agreement. At all times, including after the conclusion of a mediation, the parties and the mediator keep the discussions of the mediation confidential.

Certain of the benefits of mediation include a time-efficient and cost-effective means to resolving a dispute; especially in circumstances of sensitivity where privacy and confidentiality are paramount. Further, due to its consultative process, no agreement can be reached without the consent of the parties to a dispute. Mediation may be particularly useful for parties to a dispute who wish to avoid litigation, which, by its nature, is typically conducted in a public forum.

Our accredited mediators are qualified and experienced in their field, and bring life experience, maturity and a desire to resolve conflict, and are Members of The Mediators’ Institute of Ireland.

Mediation Process

Following engagement, the assigned Mediator will communicate with the person who engaged us for briefing. This will allow the Mediator to understand the nature of the dispute, learn about the business to which the Parties relate, and make further enquires as are appropriate in the circumstances.

Following this, the Mediator will then conduct pre-mediation conferences by communicating with each of the Parties separately. This permits the Mediator to understand the dispute from the perspective of that Party; thereby allowing the Mediator to conduct the plenary mediation session in full understanding of the Parties’ position.

During the plenary mediation session, the Mediator will conduct the mediation using the diamond model of mediation. A general overview of this model is explained as follows:

  • Opening Phase: The Mediator introduces himself or herself to the Parties, explains the mediation process and the principles of mediation, and how the mediation will be conducted.

  • Storytelling Phase: Each Party will have the opportunity to explain the dispute from their perspective without interruption. This enables the other Party to understand the other’s position and compare it with their own.

  • Framing the Issues Phase: The Mediator will explore each Party’s perspective more fully through open-ended questions. Each Party may question the other, with a view to engaging in an open and respectful dialogue.

  • Problem Solving Phase: The Parties are encouraged to engage with each other in an open and respectful dialogue in understanding the other, and with examining what, if anything, can be done to resolve a particular aspect of the dispute.

  • Agreement Phase: Having examined the issues each Party has raised, they will engage in discussions with a view to reaching a mutually-acceptable agreement. The Mediator will test the efficacy of the proposed agreement to assist the Parties in ensuring their agreement will not be undermined.

The diamond model of mediation is not linear. This means that while the Parties might be approaching a latter Phase of the process, a new, underlying issue might arise; thereby causing a return to the Framing the Issues Phase. However, this is productive because, for the mediation process to be effective, it should not be limited by time constraints. Therefore, an examination of underlying issues is important so as not to undermine any prospective agreement between the Parties. Indeed, there may be circumstances where an agreement cannot be made due to the nature of the dispute.

Access to Alternative Dispute Resolution

It is our wish that discord in society, and the rancour and fruitlessness it necessarily creates, be eliminated. Accordingly, we offer mediation processes at reduced professional fees in order to increase access to alternative dispute resolution. Professional fees listed under the Access to Mediation heading, infra, are per dispute.

Note, the professional fees listed for commercial disputes are per party.

Commercial Disputes

Mediation Services

€146.26 per hour

Access to Mediation

Organisational & Workplace Mediation

€179.89 per dipute, per hour

Family Mediation

€202.39 per family of four, per hour

Restorative Practice Mediation

€157.42 per dispute, per hour

Community Mediation

€157.42 per dispute, per hour