Mediation is a process whereby an independent, neutral Mediator assists the parties to come to their own agreement through a collaborative process. The Mediator’s role is non-judgmental and non-directive. The Mediator is neither judge nor arbitrator and the Mediator does not adjudicate or give decisions on the rights or wrongs of the actions of the parties. The Mediator supports the parties in identifying their own issues and needs and in exploring how those needs can be addressed and how they might come to agreement.
Mediation provides a confidential and safe environment for the parties to air their issues and concerns with the other party at first hand and to hear the complaints, issues and concerns that are being made against them. The content of the mediation is confidential to the parties and the Mediator and can only be shared with a third party with the expressed permission of all parties. The parties and the Mediator agree the terms of the mediation at the outset of the mediation. The format of the mediation process may vary depending on the Mediator and the type of dispute. Sometimes there are pre-mediation meetings and sometimes the parties spend most of the mediation in the same room and in other cases the parties may never be in the same room or for only a very small part of the mediation.
Ken Heffernan is a qualified Certified Mediator and can act as an independent mediator if appropriate.
You can access more information on Mediation via the Mediators’ Institute of Ireland website here.
Benefits of Mediation:
Mediation is an interest-based process, with discussion and negotiation based on consensus and collaborative agreement.
Both in monetary and personal terms, mediation is inexpensive compared to rights-based interventions, such as contested court proceedings.
Preservation of Relationships
Mediation works towards long-term solutions for the disputing Parties, and where there is an ongoing relationship it places significant emphasis on how the Parties will interact in the future.
Mediation belongs to the Parties. The disputing Parties control the content and outcome of the mediation. No party can impose an outcome in mediation.
Mediation allows for creative solutions which may not be available in rights-based processes.
Protection of Privacy
The confidential nature of mediation allows the Parties to negotiate freely and productively without fear of publicity.
Mediation can be scheduled soon after a dispute arises and following the pre-mediation meetings, can often be concluded in a single day.
Preservation of Options
Engagement in a mediated intervention does not prevent participation in a different dispute resolution process, such as court, if appropriate.
Settlement potential is high and there are benefits to participating in the process