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What is Mediation?

Mediation can be defined as a voluntary, confidential, non binding, dispute resolution procedure involving two or more parties. In simple terms it is an attempt by the parties to resolve a dispute between them with the help and assistance of an independent third party (the mediator) before the dispute is decided by a judge or arbiter. Mediation can apply to all sorts of disputes including Commercial, Construction, Employment, Family, Neighbour disputes, Workplace conflicts, School disputes – e.g. disputes between pupils and staff or staff and parents.

Mediation provides the parties with an opportunity to explore the legal and commercial issues between them before they embark on possibly lengthy and costly legal proceedings. With the assistance of the mediator they can examine the differences between them and explore possible solutions to these differences. The mediator makes no decision in the process and is not there to decide the merits of the case, but to help the parties try and reach their own solution to the dispute.

None of the discussions can be used as evidence in later proceedings without the formal consent of the parties and so the parties can engage in the process with confidence and candour knowing that none of their legal rights will be compromised in any way. The mediation only results in a decision when the parties themselves enter a voluntary agreement to settle their differences. There is no obligation to agree and therefore the parties can approach the mediation with an open mind and a positive attitude rather than the all too common negative attitude that often surrounds litigation.

What are the advantages of Mediation?

Mediation is informal and flexible. Mediation is cost effective. Mediation can save management time being spent on dealing with disputes. Mediation in voluntary. Mediation is non binding ~ the parties don’t have to settle unless they want to. Mediation is confidential ~ discussions are confidential and without prejudice. Mediation is often successful ~ over 75% of cases referred to mediation settle. Mediation helps to preserve relationships rather than destroy them. Mediation allows the parties to create their own solution rather than having one imposed on them by a Court.

Team Solutions offers a range of mediation packages to suit the particular needs of their clients.

County Donegal
Tel. / fax 00 353 (0) 74 93 7069

Global Tiger 2008