Mediation is a way of resolving a dispute between two or more parties. Typically, a third party, (Mediator), assists or facilitates the parties to negotiate a settlement. It can be used in a wide variety of areas such as commercial, workplace, and family matters.
Mediation will have a structure and timetable. The process is private and confidential.
Benefits can include:
- Cost—While a mediator will charge a fee, the process usually takes much less time which means spending less money on hourly fees and costs.
- Confidentiality—While court hearings are public, mediation remains strictly confidential as between the parties involved.
- Control—Mediation increases the control the parties have over the resolving the dispute. In a court case, the parties obtain a resolution, but control is with the judge. Mediation is more likely to produce a result that is mutually agreeable for the parties.
- Compliance—Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to take further legal action to force compliance with the agreement. If necessary, it can be enforced in Court as a matter of contract.
- Insight—Mediators are trained to work with difficult situations. The Mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible.
Our senior partner, Bill Holohan is an accredited mediator and was the first member of the Firm to become an advocate of mediation. He is accredited by both CEDR & CIArb. Where it is likely to assist clients and resolve a matter, all lawyers in Holohan Law promote mediation as a real opportunity to help clients.