Why Use A Chartered Accountant As A Mediator?
The mediator does not impose a decision nor make any kind of judgment, unlike a Judge or Arbitrator. The mediator’s role is rather one of facilitating the parties in finding their own, mutually acceptable, solution.
A successful mediator of commercial disputes will therefore require a board skill-set that includes strong listening and collaborative skills as well as board day to day experience in commercial problem -solving. Chartered accountants are such experienced commercial problem-solvers with, in addition, a non-adversarial analytical and professional DNA.
Quotes from Judges on mediation
“It is not easy to move from being an adversarial lawyer on one day of the week to a Mediator on another. It is not just about training, but a cast of mind”
- Lord Falconer
“What a Judge can give is so limited compared to what the parties can construct and agree”
- The Hon. Mr. Justice Peter Kelly
“The cost of litigation is a deterrent to any but the rich, the courageous and the foolhardy. Court cases, where one side wins and the other loses, is the nuclear option. It seems to me that this ownership of both the problem and the solution is one of the great attractions of Mediation - another of course is that dirty linen does not have to be washed in public, as it must in most cases that go to court.”
- The Hon. Mr. Justice Michael Peart
What questions about mediation do you have?
Feel free to contact Lisa on +353 (0) 1 677 9000 or by email for a complimentary confidential consultation.
Lisa Byrne is an Audit Manager at Cooney Carey and accredited mediator with The Panel Of Mediators in Ireland. Lisa believes Mediation is a confidential, interest-based, supportive and cost efficient Alternative Dispute Resolution. She also believes that Mediation works in any circumstance where parties have diverging interests that need to be resolved.