Disputes can often become emotional and entrenched, so much so that communications between parties break down. Difficulties between the parties can be exacerbated when court proceedings issue. Sometimes the adversarial court system is not the best way of resolving a dispute. It can be exhausting, cumbersome, time consuming and expensive. One alternative is Mediation.
Mediation is a process whereby the parties meet with an independent mediator who assists and facilitates the parties to reach a resolution of the dispute. Unlike the court system, where a judge imposes a solution, in Mediation the parties themselves reach the solution which bests suits them, their needs and their particular circumstances. The Mediation process is voluntary and confidential and is ideally suited to situations where one or both parties wish to preserve some form of relationship afterwards. It can and does produce win:win outcomes for all parties. The real benefit of Mediation is that it puts the power of sorting out the issues in the hands of the parties. It is proven to produce better and lasting solutions and does so saving time and money.
You should consider Mediation because it:
- Produces better outcomes
- Produces lasting solutions
- Empowers people
- Gives people control over their dispute and its resolution
- Preserves some form of relationship
- Is cheap compared to court proceedings
- Is reasonably quick
- Is future focused rather than past focused
What type of disputes can be mediated?
- Family Disputes e.g. concerning property, maintenance or children
- Disputes over property, land, rights of way, boundaries
- Disputes between neighbours
- Disputes concerning wills and estates
- Workplace Disputes
- Disputes between companies or businesses
- Disputes between government bodies and private bodies or citizens
Cathal Minihane is a trained and accredited Mediator and a certified member of the Mediators Institute of Ireland. He has experience of mediating family, employment, commercial and sporting disputes. He cofounded South and West Mediation Services Organisation, an organisation developed to promote and provide mediation services in the South and West of Ireland.
Please visit Cathal’s profile on the MII website www.themii.ie/members/profile/711 . The MII website contains much useful information on mediation in general.
Please contact us for family mediation if you are a couple in the process of separating and wanting to negotiate your separation agreement or the terms of your divorce. The mediator will assist you in resolving your particular issues. This process can only work if both parties enter into it of their own free will and therefore any party can withdraw from the process at any stage. The mediator is independent and impartial and will facilitate the couple in discussing their issues in a problem solving manner. The parties will be expected to listen to each other and treat each other with respect during the process. It is hoped that the couple, with the assistance of the mediator, will reach a solution to the issues which is satisfactory to both of them. At the conclusion of the process the couple should have an agreement in writing which can then be given legal effect.