You deserve the best mediator

Avoid Expensive Court Battles

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Rachael

Meet your Mediator

In 2004, I qualified as a Solicitor with O’Rourke Reid Law Firm and was admitted to the Law Society of England and Wales and the Law Society of Ireland. I worked in legal practice in Dublin and in Northern Ireland before switching track to work in my parents’ business and later in my husband’s event business. I divorced in 2014 and remarried in 2017. In May 2017, I completed my Diploma in Mediator Training with the Law Society of Ireland and became a member of the Mediators Institute of Ireland. I have experience of conflict in both personal life and my business life. Conflict is generally unhealthy and can have a really negative impact on our health and lives. I want to help people in conflict situations to reach a peaceful resolution to whatever it is causing the conflict and to move on from it. I hope I can help to do that for everyone who engages me.

Rachael McDaid
LLB. MII

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    What is Mediation?

    “Mediation is a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a Mediator, attempt to reach a mutually acceptable agreement to resolve the dispute”

    – Definition of Mediation according to the Mediation Act 2017

    Why is Mediation So Good?

    COSTS

    The costs of engaging a Mediator to settle a dispute are far less than going to Court. The costs of Mediation are on average 10% of the costs of Court proceedings.

    EFFICIENCY

    The matter can be resolved at a faster pace and in a shorter time frame. Some disputes can be resolved in one day and some over a few weeks.

    PERSONAL

    Each side gets individual time with the Mediator to explain their position, how the dispute has affected them and offer up suggestions to solve the dispute.

    LESS STRESS

    Stress can cause ill health. Mediation aims to dissolve the stress that flourishes in the battlegrounds of disputes. Mediation can bring the parties to a happier, healthier state of mind. Delivering positive effects for the physical and mental well being of the parties.

    COMMUNICATION

    Facilitates direct communication between the parties. If an agreement is reached to resolve the dispute, this agreement has been created by both parties themselves so it is more likely to succeed long term.

    SELF DETERMINATION

    Unlike Court where decisions are imposed – one party will be the winner and the other party the loser. In Mediation both parties will win and both parties will lose some but the end result will be decided by the parties themselves.

    Areas of Disputes

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    Commercial Disputes

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    Probate Disputes

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    Property Disputes

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    Family Disputes

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    Workplace Disputes

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    Community Disputes

    Points to Remember

    Participation is at all times voluntary.
    The fact that legal proceedings have been issued in relation to the dispute shall not prevent the parties engaging in Mediation at any time prior to the resolution of the dispute.
    A party may withdraw from the Mediation at any time during the Mediation.
    A party may be accompanied to the Mediation and assisted by a person (including a legal advisor) who is not a party to the dispute.
    A party to Mediation may obtain independent legal advice at any time during the Mediation.
    All communications (including verbal statements) and all records and all notes relating to the Mediation shall be confidential and shall not be disclosed in any proceedings before a Court or otherwise.

    Mediated Settlement Agreement

    Following Mediation if there is agreement on all or any of the issues in dispute a Mediated Settlement Agreement is signed by the parties.

    Not all issues in dispute have to be agreed during Mediation. Agreement even on some of the issues is a success and a Mediated Settlement Agreement can be signed on what has been agreed.

    A Mediated Settlement Agreement shall have effect as a contract between the parties to the settlement except where it is expressly stated to have no legal force until it is incorporated into a formal legal agreement or contract to be signed by the parties. A Court may enforce a Mediated Settlement Agreement.

    Pricing

    Fees are normally split equally between both/all sides and payable in advance of Mediation sessions.

    The Mediator rate is negotiable but normally €170.00 per hour.

    The fee for drafting the Mediated Settlement Agreement document varies. Expenses such as room hire are not included in the hourly rate.