K.C. Mediation, 47/48 Parnell Square, Dublin 1, have professional accredited Mediators, who can assist in offering a method of resolving dispute matters, rather than legal proceedings with costly Court hearings.
What is Mediation ?
- Mediation is a process in which persons or parties in conflict negotiate a consensual and informed settlement of the main issues that arise in such conflict.
- In this process the moving parties are the parties to the dispute or disagreement. The dispute is facilitated by the Mediator who, in a non-judgemental and a facilitative way helps the parties to reach their own agreement.
- To commence such process, the parties nominate the Mediator who must be acceptable to all parties. There could be two or more parties to a dispute. It is essential that parties coming to mediation must have an intention of settling their dispute. It should not be used as a “fishing” exercise in anticipation of some future legal proceedings.
- Mediation can start by adjournment of legal proceedings or it is better if it commences before any legal proceedings have issued at all.
- The Commercial Court invariably asks parties to seek mediation prior to a full hearing.
- Circuit Court Rules S.I. 539 of 2009 permits a Circuit Court Judge or the County Registrar at a case progression hearing to adjourn certain civil proceedings for a period not exceeding 28 days to allow the parties to use mediation, conciliation and arbitration or any other dispute resolution process to settle or determine the issues.
- The Mediation process can take different forms. Each case is different. Generally speaking there is a sub-session where all the parties meet and come together; this could be quite a tense moment because there could be a lot of anger or antipathy in a room when parties face each other! Then the sides have individual discussions with the mediator.
- The facts and the ground rules have to be clear beforehand and in that sense, the process ground rules are set down by the Mediator. The sensitivities of the parties, any “hidden agendas” and the actual desires of the parties or solutions are discussed with the Mediator.
- The discussion with the actual Mediator remains confidential unless the Mediator has permission to disclose what has been said to the other party or parties.
- A date is fixed for the Mediation. The Mediation session is likely to last for a day or indeed continue for another day. A short form of Mediation agreement is presented to both parties by the Mediator, in which the days, dates and costs are set out. Under that agreement the costs of the Mediation, which are borne equally by both parties, are outlined and at the time of the signing of the agreement. It is normal that half the costs are paid in advance. The agreement sets out the ground rules of the mediation in relation to procedure to include the confidentiality of the process. On the fixing of the day, the matter proceeds.
- Mediation has applications in all types of disputes, disputes over land, construction contracts, product disputes, liability apportionments, holiday contracts, professional contracts and indeed in family disputes and personal injury
- The discussions are confidential viz-a-viz any court proceedings in the future. In some sense it has often been described as “beyond rights”, i.e. parties who come in to dispute agreeing to settle, often realise that they are surrendering or compromising on what might be regarded as a legal right. It is important that a full and frank disclosure of the position of the parties is disclosed and it is common for the Mediator to obtain pre-mediation submissions. These are not necessarily legal arguments, but a statement of facts.
- Mediation can be with or without legal advisers.
- K.C. Mediation have trained Mediators with considerable experience in confidential negotiations over the years. The great benefit is that the parties themselves arrive at the solution and we offer the facility also as Mediators to all parties.
- Mediation in Ireland is not compulsory, but there is an E.U. Directive with regard to standards and ethics for Mediation.
- Consider therefore the great benefits of Mediation.
CEDR Accredited Mediator 8658820
CEDR Accredited Mediator 8658812
CEDR Accredited Mediator 8658801
CEDR Accredited Mediator 8658819