FAQ's about Mediation

What is Mediation?

Why choose Mediation?

What should I expect from a Mediation session?

Does the Mediator decide for us?

How long Will Mediation Take?

What if we can’t agree at the Mediation?

If we try Mediation and it doesn’t work - have I given up my Rights?

What is the status of the Mediation agreement in Law, what makes it different from interim agreements and what exactly happens after the Mediation agreement is drawn up?

Is there any charge / or costs associated with Mediation that we should know about?

I am in a dispute with another party and would like to try Mediation.  How do I get in contact with the Mediation Service?

What is Mediation?

Mediation is a process by which parties in a dispute mutually agree to meet with a professional, impartial mediator who helps them engage in a confidential and voluntary exploration of ways in which their dispute might be resolved.

Why choose Mediation?

There is a steady and rapid growth in the use of mediation to resolve disputes, rather than going to Court or Arbitration, where a third party decides the outcome based upon a presentation of the facts and law.

The benefits of Mediation include:

  • Control: You retain control over how you wish to resolve your dispute and it is not decided by a third party.
  • Flexibility: In Mediation, you have much more flexibility than you do in Court, which operates under strict rules of civil and criminal procedure and rules of evidence.
  • Voluntary Process: Mediation is a voluntary process.  At any stage you, or indeed the mediator, can decide the mediation is not productive and stop the process.
  • Confidential: Parties to the mediation, including the mediator, agree not to disclose information arising in mediation.
  • Speed: Often, disputes can be resolved in a matter of hours or days, as opposed to months or even years.
  • Relationship Building: Mediation is interest-based and is designed to help parties better understand each other and find avenues for resolution that they are both happy with.
  • Options:  If Mediation fails, you can still explore other avenues to resolve your dispute such as the Court process.
  • Cost: Mediation is free.

What should I expect from a Mediation session?

You will need to be willing to work to resolve issues and to work through your difficulties. You should expect to discuss your position and try to listen to the other party too. You will have an opportunity to voice concerns and to speak without interruption. Usually two or three meetings will be sufficient or in a complex family case, the most one can expect would be six sessions with the mediator to thoroughly resolve all issues.

Does the Mediator decide for us?

No. Mediation is a voluntary and confidential process in which the mediator acts impartially to help the parties come to a resolution of their choosing.  At no time will it be the role of the mediator to determine facts, make a judgement of law or otherwise impose their solution in any mediation. Mediators work in a "non-directive" manner, facilitating better communication and understanding between the parties, helping them explore possible solutions to their dispute and then assisting the parties in drawing-up a written agreement that states the terms and conditions upon which they have decided to resolve their dispute.

How long Will Mediation Take?

Often, mediation can be completed in a single or even two sessions. However, it all depends on the type of dispute, its complexity and the preparedness of the parties to seek to resolve their differences in a non-adversarial setting. Some disputes can be mediated in a few hours, while others, like family disputes, often require several, sometimes shorter sessions spread out over a number of weeks.

What if we can’t agree at the Mediation?

Generally speaking, up to 80% of all cases submitted to mediation do settle. However, there are some that do not. If you fail to reach a conclusion during mediation you still have the right to resort to Court or Arbitration if those avenues are available to you.

If we try Mediation and it doesn’t work - have I given up my Rights?

No. Mediation is a voluntary and confidential process. Failing to resolve your dispute through Mediation does not prejudice your right to seek a judicial or arbitration determination should those be alternatives you would like to pursue.

What is the status of the Mediation agreement in Law, what makes it different from interim agreements and what exactly happens after the Mediation agreement is drawn up?

A Mediation agreement is not legally binding. The strength of a Mediation agreement is that parties themselves make the agreement.  The process of mediation empowers all parties to come to an amicable agreement and to move forward with the agreement in place.  You will still have the option to pursue your legal rights in Court or in a Tribunal or other appropriate forum.

An interim agreement is prepared by both parties and agreed upon while parties are going through the mediation process. When parties are coming to the end of the mediation process, a final mediated agreement is drawn up.

The final mediated agreement works towards long-term solutions for the disputing parties, and where there is an on-going relationship places significant emphasis on how they will interact in the future.

Is there any charge / or costs associated with Mediation that we should know about?

We offer a free service to the community.  We offer all clients an opportunity to make a voluntary donation to the service when their mediation sessions are coming to a close.

I am in a dispute with another party and would like to try Mediation.  How do I get in contact with the Mediation Service?

If you would like further information or you are involved in a dispute please contact our Mediation service whose offices are in Northside Civic Centre, Bunratty rd, Coolock, Dublin 17. Ph: 01 8477804 Email: Mediation