What is mediation and how does it work?
Mediation is a process where a neutral mediator assists parties in conflict to reach a mutually acceptable resolution through communication and negotiation. Mediation is voluntary and confidential.
Mediation is a process where a neutral mediator assists parties in conflict to reach a mutually acceptable resolution through communication and negotiation. Mediation is voluntary and confidential.
The aim of mediation is to reach a mutual agreement. The parties can decide if they wish to have a legally binding agreement. This would take the form of a signed contract. If parties do not want a legally binding agreement the mediator can provide a note outlining the agreed solutions.
Mediation is cheaper than going to court. You will save thousands of Euro by going to mediation. Solicitor fees, Barrister fees and court fees add up very quickly into the tens of thousands.
Each mediation session usually lasts between one to two hours, depending on the complexity of the issues involved. It can be a one off session or continue over several weeks. This depends on the individual case or issue.
Karen Lynch is an IMI and MII qualified Mediator, and a qualified Barrister.
You can reach us by phone at +353892468101 or email karenlynchmediator@gmail.com during our working hours, Monday to Friday, 9:00-17:00.
Mediation is a voluntary and self actualising process where parties come together and work out a solution to the issues they are facing. It involves an in depth discussion of the issues and how the parties feel about them. If a solution is reached this can form the basis of an agreement between the parties.
Mediation in Ireland is governed by the Mediation Act 2017. Mediators must adhere to this Act.
The process of mediation will usually involve an initial meeting or call with the mediator prior to any mediation taking place. At this point the client will out line the issues to be mediated from their perspective and the outcomes they hope for. This meeting will happen with both parties. After the initial meetings the mediator will send out a contract called "An agreement to Mediate" This is your contract with the mediator. It sets out the rules around the process of mediation as well as costs.
Following the signing of the agreement. A date and time will be set for mediation. This could be either an in person mediation or mediation online. The mediation could be set to only last an hour or to last several depending on the wishes of the parties and the issues at hand. This will be agreed prior to the mediation and will often be written into the agreement to mediate.
The mediation process will then start with an introduction from the mediator outlining the ground rules and how the process is going to work. When the mediator has finished this they will invite the parties to start discussing the issues. The mediator will assist with the discussion and stop it becoming acrimonious. As the issues are discussed solutions often naturally come about or further negotiation continues. Solutions can then be drafted into an agreement.
These agreements can be legally binding if both parties wish for them to be. Before signing a legally binding agreement it is very important that you get independent legal advise on the agreement.
Initial consultation
Introduction and ground rules
Discussion of the issues
Devising solutions for the issues
Drafting an agreement
Yes, mediation is entirely voluntary. You can go straight to court, however, it is often worth trying mediation first as it could save you tens of thousands in legal fees. Mediation is also a confidential process and what you say in mediation can not be used against you if the matter did not go to court.
There is no set cost for mediation but prices range between €150 per hour to €350 an hour.
The Legal Aid board offers free mediation in certain circumstances. Some charities also try to provide free mediation.
No. You do not need a solicitor to mediate. However, if you intend to have a legally binding agreement, it is advisable to to get the agreement checked by a solicitor before signing .
Mediation is cheaper as you are only paying for one professionsal between the parties. If you