What and Why of Mediation


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.