FAQ's about Mediation

What is mediation?

What is the role of the mediator?

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?

What is an Interim Mediation Settlement?

What is a Mediation Settlement?

What happens after the mediation settlement is drawn up?

What is the status of the mediation settlement in law?

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 is a voluntary process by which parties in a dispute mutually agree to meet with a professional, impartial mediator who facilitates parties to explore ways in which their dispute might be resolved and work together to determine the outcome. Although the mediation process empowers parties to come to an amicable settlement and to move forward with this in place, parties may choose to pursue legal rights in Court or in a Tribunal or other appropriate forum.

What is the role of the Mediator?

 All mediators are governed by the Mediation Act 2017. In addition, our mediators are bound by the Mediators Institute of Irelands (MII) Code of Ethics and Practice, of which they are all members. The main role of a mediator is to be impartial, treat all parties fairly and manage the mediation process. They facilitate parties to communicate effectively and consider the issues with a view of parties mutually agreeing the outcome to the mediation.

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, Limits to confidentiality arise when required by law under section 10(2) of the Mediation Act 2017.
  • 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.

CLM have a model of co-mediation, which means two mediators are involved in the mediation sessions. Mediation begins with the mediators meeting both parties separately, explaining mediation, allowing each party time to talk about their issue(s) that need to be addressed and what they would like from mediation. Once both parties agree to proceed a further meeting is arranged and the process begins. At this point parties will sign an Agreement to Mediate, which explains the ground rules for parties involved, how and when the mediation process will be conducted.

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. The most one can expect would be six sessions with the mediator to thoroughly resolve all issues.

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.

What is an Interim Mediation Settlement?

 An interim mediation settlement is prepared by both parties and agreed upon while parties are going through the mediation process. This interim mediation settlement is subject to change and therefore is not enforceable at this point.  When parties are coming to the end of the mediation process, a final mediation settlement is drawn up.

What is a Mediation Settlement?

 During the mediation process the mediator works with the parties to help them develop a mediation settlement agreeable to them. Where there is an on-going relationship between the parties, there is significant emphasis placed on how parties will interact in the future.

What happens after the mediation settlement is drawn up?

 Once parties are satisfied with the contents of the mediation settlement they have mutually agreed and drawn up, the mediator will ensure that the parties are aware of their rights to each obtain independent advice (including legal advice) prior to signing any mediation settlement.

What is the status of the mediation settlement in law?

 Only the parties to the mediation can decide if a mediation settlement has been reached between them and whether this is to be enforceable. Unless the parties agree that the mediation settlement has no legal force until it is included into a formal legal agreement or contract to be signed by the parties, it will act as a contract between parties, pursuant to Section 11 (2) of the 2017 Mediation Act 2017.

Once a mediation settlement is agreed either party can apply to the Court to have the mediation settlement enforced. The Court will do so unless there are any concerns that the Mediation Settlement does not comply with section 11(a)(b) of the Mediation Act 2017.

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

 As we provide a free mediation 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. However, each party in a mediation case is required to pay a ten euro refundable deposit unless there are exceptional circumstances for not doing so.  This deposit is refunded to the party at the end of their case unless they have cancelled their mediation session three times or has not given at least 24 hours’ notice to a single cancellation.

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