Origin of Mediation
Mediation is grouped among a number of alternative dispute resolution techniques designed to satisfy a need for the settlement of disputes in a less costly, quicker, and non-aggressive way.
It started in the United States in the 1970's and began being practised in the UK and Ireland in the early to mid 1990's.
It is being well received in many Common-law countries, such as, UK, USA, Canada and Australia In the UK its use is ever increasing mainly due to the commitment by the Government to use Mediation in the settlement of Civil Court Actions.
In March 2012 a Bill was published in Ireland dealing with Mediation, this proposes to strengthen the Mediation process in Ireland.
What is Mediation?
The centre for effective Centre Dispute Resolution (CEDR) uses the following definition of Mediation:
"Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards negotiated agreement of a dispute or difference with the parties in the ultimate control of the decision to settle and the terms of Resolution."
What is the role of the Mediator?
The Mediator is an independent neutral third party who manages the Mediation Process. He is independent and impartial, he makes no judgment nor provides advice relating to the Mediation.
By using an accredited Mediator you avail of the services of someone trained in Best Practices for the conduct of Mediations.
Characteristics of Mediation?
- As to time, location and the issues for discussion
- A party may leave at any time
- The process is designed to meet the needs of the parties
All the parties, their advisors and the Mediator sign a Confidential Agreement not to disclose any matter contained in the Mediation.
The Mediation is totally private to all of the parties, their advisors and the Mediator.
This means that the matters discussed at the Mediation Meetings do not result in any loss of any rights by any party as regards the issues the subjects of the dispute. For example, such matters can not be introduced into evidence in any Court Proceedings.
Where there is a general desire by the parties to settle a dispute Mediation offers a realistic option Research has shown that 70% of cases settle at Mediation.
- Cheaper than Litigation
- Non -Confrontational
- Solution is voluntary and agreed by the parties
- Provides an opportunity to save face
What types of disputes?
Mediation is used to settle most disputes, from neighbourhood disputes to commercial disputes.
Typically Maguire & Company Commercial Mediation deal in the following disputes:
- Commercial Disputes
- Shareholder Disputes
- Partner Disputes
- Contract Disputes
Fees are chargeable at the rate of €195 per hour plus VAT @ 23% subject to a minimum fee. In addition, any outlay which may be necessary to incur may also be charged
Typically, each party will pay 50% of the Mediators costs and outlay.
What is a typical Mediation process?
- The parties agree on a Mediator
- All parties, their Advisors and the Mediator agree and sign the Mediation Agreement
- The Mediator holds an initial meeting with all the parties. At that meeting the Mediator outlines how the Mediation is to proceed Each party sets out a summary of the issues involved covering two to three pages. The Mediator will then hold meetings with each of the parties, sometimes on their own and then later with all parties together.
- If a settlement is reached, the Agreement is committed to writing and when signed
by both parties. It becomes a Legally Enforceable Agreement. Nothing is agreed until all the parties in dispute have signed the Agreement.
» Contact Paddy Maguire for further information