Private Mediation Service

We draft both legally binding and non legally binding Mediation Settlement agreements in all dispute areas – Family, Property, Contract, Commercial and Probate.

In Family matters we draft agreements on child custody & access and child maintenance, spousal maintenance, the family home, living arrangements, property and other assets. We draft the agreed terms for Legal Separation and Divorce applications allowing you a speedier and less costly route to separation.

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Rachael

What is Mediation?

 

An informal but structured, voluntary and confidential process to reach a legally binding or non legally binding agreement between parties, usually two, which is done outside of the Court system but in accordance with the law.

 

Legal Definition of Mediation

The Mediation Act 2017 describes mediation as “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”.

Link to the Mediation Act 2017. 

 

Benefits of Mediation

Mediation is a cost effective way of resolving disputes in a legally binding or non legally binding manner and provides the security of confidentiality.

The agreement drafted by the Mediator at the end of the mediation process is called a Mediation Settlement. The parties to the mediation decide whether they want a legally binding Mediation Settlement or a non legally binding Mediation Settlement. This document is signed by the parties and the Mediator at the end of the process.

Why would you choose to have a Legally Binding Mediation Settlement?

Using mediation to draft a legally binding Mediation Settlement document will save in legal costs. By using our system of mediation coupled with legal advice from colleague Solicitors our clients get the best of both worlds while saving substantially in legal costs. For example if an average Divorce without mediation costs each party @ €16,000.00 in legal fees using mediation should bring that figure down to @ €5,000.00 each in legal fees. 

 

In Legal Separation or Divorce cases

In family law cases when mediation has completed and the Mediation Settlement has been signed the Solicitors will then put together the paperwork for the Legal Separation or Divorce court application using the Mediation Settlement document as Terms of Consent. The Solicitors will then represent the parties at the “On Consent and Uncontested” Legal Separation or Divorce court hearing date. 

 

Agreement to Mediate

In advance of the start of mediation the parties will receive an Agreement to Mediate document.

This document explains the mediation process and sets out the ground rules. 

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 – where 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.

Meet your Mediator

My name is Rachael.

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.

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 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

Rachael McDaid
LLB. MII

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Pricing

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

The Mediator rate is normally €180.00 per hour.

The fee for drafting the Mediation Settlement document at the end of the process varies. Expenses such as room hire are not included in the hourly rate.

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