16/03/2015

16/03/2015

When is Mediation Especially Appropriate?

mediation_dispute_2 Mediation has moved centre stage and works in any circumstance where parties have diverging interests that need to be resolved. It is particularly suitable where:
  1. The parties wish to preserve their relationship whether commercial, professional or personal.
  2. Confidentiality is key.
  3. The needs of the parties cannot be addressed in court.
  4. Time is of the essence – mediation is fast and flexible.
  5. The parties wish to avoid the costs of lengthy litigation.

What types of disputes can be mediated?

  • Landlord and tenant
  • Neighbour and community
  • Business and customer
  • Employer and employee
  • Divorce and family
  • Negligence
  • Products liability
  • Construction disputes
  • Contracts
  • Personal and real property
  • Small claims
  • Other civil matters

Do’s of mediation

  1. Do listen carefully
  2. Do be fair
  3. Do ask how each party feel
  4. Do let each one state what happened
  5. Do treat each person with respect
  6. Do maintain confidentiality
  7. Do mediate in private

Don’ts of mediation

  1. Don’t take sides
  2. Don’t tell them what to do
  3. Don’t ask who started it
  4. Don’t try to blame someone else
  5. Don’t ask “why did u do it?”
  6. Don’t give advice
  7. Don’t look for witnesses

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 

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