Why consider mediation?
Mediation is an effective, efficient, and economic voluntary process which delivers resolution to commercial, corporate, workplace and personal disputes and conflicts.
Mediation is a process of dispute resolution which provides an alternative to litigation. It is becoming an increasingly popular means of solving conflict within and between organisations.
Mediation enables the parties to resolve their disputes with the help of a neutral mediator in a quick, flexible, confidential process which is cheaper than litigation.
Mediation in Ireland is following its success in the USA and United Kingdom, where its use in conflict resolution has become a mainstream alternative to litigation. Offering a confidential, flexible and non-adversarial platform, the mediation process and our expert mediators, create opportunities for mutually agreed, lasting settlements between parties.
The process allows the use of broader parameters for negotiation than court proceedings and unlike litigation, the mediation parties themselves shape their own negotiation and solve their own conflicts. The mediator’s role is to clarify the issues and expose negotiation opportunities within an unbiased channel. This facilitates the flexible exploration of a solution by the parties in dispute. The mediation is guided by the expertise of the mediator.
What are the benefits of mediation?
- Flexibility
- The mediation process allows for resolution between parties through the help of a neutral party.
- Without prejudice
- Information learnt through the process cannot be used in any subsequent litigation.
- Binding
- Parties can explore many different possible avenues to settlement without the process being binding.The only time when mediation is binding is when the final agreement is reached, is written down and signed.
- Cost effective
- The process does not require formalised claims, procedures or discovery of documents.
- Quick
- Most commercial mediations are resolved within a day, except in the case of highly complex commercial disputes. Workplace and other relationship disputes may take a number of sessions.
- Immediate
- The short lead-in time allows parties to come to mediation quickly.
- Confidential
- The fact of the mediation is confidential and no information disclosed. during mediation canbe disclosed or used in any subsequent negotiation or legal procedure.
- Private Settlement
- Settlement terms and conditions remain private and confidentiality is legally binding.
- Multiple Party conflicts
- The mediation process can resolve disputes involving multiple parties e.g. organisations, employees, departments, communities.
- Before & during litigation
- The process can take place before litigation or during proceedings – even while the case is at trial.
- Lawyers
- Parties have the option of including their legal representatives in the process.
- Ongoing relationships
- The process provides a stronger opportunity for the preservation and development of the relationship between the parties post-mediation.
- Advisors
- Professionals acting as advisors may attend the mediation e.g. doctors, engineers, architects, etc.
Find out more about Mediation and EMS
- Read more about EMS services.
- Our Frequently Asked Questions pages provides answers to common questions.
- Understand how it all works: EMS Mediation Process