PRACTICE AREAS

 MEDIATION

While Mediation as a concept is as old as conflict itself, Mediation in Ireland has only recently been put on a statutory footing with the Mediation Act 2017. However, it is quickly becoming established as a central element of the Irish Legal System. 

Mediation is a voluntary process which involves the appointment of a Mediator who is entirely independent of the parties and whose role is to assist the parties reach a mutually acceptable agreement.  A Mediator does not adjudicate or decide the rights or wrongs of the dispute. The objective of the Mediation is to arrive at a mutually agreeable solution.  Mediation is relatively inexpensive with hourly  rates significantly lower than the rates charged for the provision of Legal Advice or Representation.

Mediation allows for an open conversation about not only the dispute itself, but the issues that led the parties into dispute. As such it can be very useful in ensuring that parties continue to have a working relationship after a dispute. Litigation, by its nature, is contentious and it becomes very difficult for parties after litigation to return to a working relationship.  Mediation has a high success rate, probably in the region of 70%, but because of the confidential nature of Mediations it is not possible to produce statistics on the success rate of Mediation.  It is however possible to say that virtually all Mediations result in either a solution to dispute or the parties having a much better understanding of the factors that led each other into dispute.

The confidential nature of Mediation means that what happens in a Mediation stays within the Mediation.  Nothing that takes place within the Mediation can be referred to during future proceedings, and therefore, parties are free to have a full and frank discussion without fear that they will be held to account for any statements made during the Mediation.

Mediation, unlike litigation, can be very quick with Mediations normally lasting a day and occurring within a month or so of the Mediator being appointed.  At Regan McEntee & Partners we try to hold Mediations on Saturdays when the office is empty.  We have a number of rooms to facilitate Mediations including a large boardroom for joint sessions and a number of consultation rooms for private sessions.  We also have video conferencing facilities available so that elements of the Mediation may take place remotely.

With Covid19 having become a feature of all of our lives, Mediation has become all the more relevant.  It is unclear when the Courts will return to a normal level of business and restrictions are likely to be in place for at least the next year.  During that time many of the disputes which would ordinarily be resolved by way of Court proceedings will remain unresolved.  This is all the more reason why Mediation should be considered as an option in most disputes. 

Regan McEntee & Partners have two accredited Mediators being Annie Walsh and David McEntee who between them share a wealth of experience in the firms practice areas.  Annie Walsh’s experience relates primarily to Family Law, Medical Negligence, Personal Injuries and Criminal Law and David’s experience relates primarily to Local Authority and Regulatory Law, Conveyancing and Civil Litigation. 

While Mediation is suitable to most disputes it is not suitable for all disputes. If you would like any further information on whether your dispute is suited to Mediation or any further information about the process involved or a free quotation, please do not hesitate to contact us by email or phone.