About Mediation

Avoid Expensive Court Battles

What is Mediation?

“Mediation is a confidential 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

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.

Mediation Settlement agreements

Following Mediation if there is agreement on all or any of the issues in dispute a Mediation 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 Mediation Settlement agreement can be signed on what has been agreed.

A Mediation 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 Mediation Settlement agreement.

About Mediation

The Court Service Annual Report 2019

“Likewise, we engage via many groups with those seeking protection or solutions in the area of family law. One study has shown that, where we provide information on family mediation in courthouses, there can be a four fold increase in mediation and agreement.”

– Chief Justice Frank Clarke

Pricing

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

The Mediator rate is negotiable but normally €190.00 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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