What is Mediation?
Mediation is a popular alternative dispute resolution (ADR) method that has gained widespread recognition and adoption in recent years. It is a confidential, voluntary and informal process whereby a neutral third-party (the Mediator) helps parties in a dispute to negotiate and reach a mutually acceptable resolution. Mediation has proven to be an effective and efficient method of resolving disputes as it saves time, money and preserves relationships.
Ireland Mediation Act 2017:
In Ireland, mediation has gained significant attention, especially after the enactment of the Mediation Act 2017, which promotes the use of mediation as a means of resolving disputes. The Act emphasizes the importance of mediation in helping to reduce the burden on the courts and encourages parties to consider mediation before resorting to litigation. The Act also sets out the standards and guidelines for the conduct of mediation and the qualifications of Mediators.
We aim to provide an overview of mediation, its process, benefits, and types of disputes that can be resolved through mediation. We will also examine how mediation is practiced in Ireland and the availability of mediation services in the country.
Laws & Rules Governing Mediation in Ireland
Mediation in Ireland is governed by the Mediation Act 2017, which was enacted to promote and encourage the use of mediation as a means of resolving disputes. The Act applies to all types of civil disputes except those relating to defamation, personal injuries arising from defamation and certain other areas outline in the Act. The Act sets out the key principles of mediation, including the voluntary and confidential nature of the process, the impartiality and independence of the Mediator and the duty of the parties to act in good faith. It also provides for the appointment of a Mediator, the conduct of mediation and the enforcement of mediated agreements.
Under the Act Mediators are required to meet certain standards and qualifications. They must have completed a recognised mediation training program, have appropriate knowledge and experience in the subject matter of the dispute and have professional indemnity insurance. The Act also establishes a Code of Practice for Mediators which sets out the ethical and professional standards they must adhere to.
One of the significant provisions of the Act is the requirement for solicitors to advise their clients to consider mediation before commencing court proceedings. The Act also provides for the suspension of Court proceedings to allow for mediation to take place and for the enforcement of Mediation Settlements in court.
In addition to the Mediation Act 2017, there are other rules and guidelines that govern mediation in Ireland, including the Rules of the Superior Courts and the European Code of Conduct for Mediators. These rules and guidelines provide further guidance on the conduct of mediation and the role of Mediators.
Overall, the Mediation Act 2017 and other rules and guidelines governing mediation in Ireland have contributed significantly to the growth and adoption of mediation as a preferred method of resolving disputes in the country.
Who Should Attend a Mediation?
Mediation is a voluntary process that is open to any parties who wish to resolve a dispute. Typically, parties attending mediation will include the disputing parties themselves, possibly their legal representatives and a trained and neutral third-party Mediator.
How does mediation work? Steps & Procedure.
Step 1: Agreeing to a Mediator
The first step in mediation is for the parties to agree on a Mediator. This can be done through a mutual agreement or through the appointment of a Mediator by an organisation or court.
Step 2: Scheduling Mediation Session
Once a Mediator has been agreed upon, the parties will need to schedule a mediation session. The date, time and location of the session will be determined by the parties and the Mediator.
Step 3: The Mediation Occurs
On the day of the mediation session, the Mediator will meet with the parties and their legal representatives. The Mediator will explain the rules of the mediation and ask each party to share their perspective on the dispute. The Mediator will then facilitate discussions between the parties encouraging them to explore different options for resolving the dispute.
Step 4: Reaching a Settlement
If the parties are able to reach a mutually acceptable resolution, the Mediator will draft a settlement agreement, which will be signed by the parties. The settlement agreement is a legally binding document and can be enforced in court. The settlement agreement is called a Mediation Settlement.
Mediation is a flexible and collaborative process that allows parties to work together to resolve their disputes in a way that is tailored to their specific needs and interests. The process is confidential, voluntary and designed to encourage open and honest communication between the parties.
Role of the Mediator:
The role of the Mediator is to facilitate discussions between the parties and help them reach a mutually acceptable resolution to their dispute. Here are some of the key responsibilities of the Mediator:
Step 1: Setting the Stage
The Mediator will begin by explaining the rules and procedures of the mediation ensuring that all parties understand the process and their respective roles. The Mediator will also establish a neutral and respectful environment in which the parties can communicate openly and honestly.
Step 2: Facilitating Communication
The Mediator’s primary role is to facilitate communication between the parties. This involves encouraging the parties to express their interests and needs, listening actively to each party’s perspective and helping to reframe or clarify any misunderstandings.
Step 3: Exploring Options for Resolution
The Mediator will work with the parties to explore different options for resolving their dispute whilst considering the needs and interests of all parties involved. If agreed by the parties the Mediator may propose creative solutions or suggest compromises that the parties may not have considered.
Step 4: Maintaining Neutrality
The Mediator must remain impartial and neutral throughout the process, avoiding any bias or favouritism towards one party over another. This helps to ensure that the parties are able to communicate openly and trust the Mediator’s guidance.
Step 5: Drafting the Mediation Settlement
If the parties are able to reach a mutually acceptable resolution, the Mediator will draft a settlement agreement that reflects the terms of the agreement. The settlement agreement is a legally binding document that can be enforced in court. This document is known as a Mediation Settlement.
Managing the Process
The Mediator is responsible for managing the mediation process, including scheduling sessions, ensuring that all parties are prepared and addressing any procedural issues that may arise.
Conclusion:
Mediation is a highly effective way to resolve disputes without the need for litigation. It is a voluntary process that allows the parties to work together with the help of a neutral Mediator to find a mutually acceptable solution to their dispute. In Ireland, mediation is governed by laws and regulations that provide a framework for the process.
