What is Mediation?
Mediation is a confidential and voluntary process by which two parties who are in conflict with each other resolve their dispute with the aid of an impartial third party (the Mediator). Any settlements achieved can be recorded and signed in an enforceable Contract.
What is the Role of the Mediator?
The Mediator acts as a referee in the mediation meeting and ensures that the rules of the mediation are followed. The Mediator does not give advice to either side, but remains impartial and helps the parties open or improve the dialogue between them, and so helps the parties agree a solution to their dispute.
How Does it Differ From Other Forms of Alternative Dispute Resolution (ADR)?
Other forms of ADR are arbitration, conciliation and negotiation. In arbitration, an arbitrator is appointed to review each party’s case and make a decision in favour of one of the parties, whereas a mediator is a facilitator who guides the parties to their own settlement. In conciliation, the conciliator takes an active role by directing parties towards a satisfactory common agreement and can make proposals for settlement, whereas in mediation it is the parties themselves who come up with the solution. In negotiation, a negotiator engages in adversarial negotiations on behalf of one of the parties, whereas a mediator independently facilitates the parties to reach their own settlement.
What Are The Advantages Of Mediation?
• Savings in time and money (no Court fees or waiting lists);
• Maintenance of relations between the parties;
• More communication between the parties;
• Creative and long-lasting solutions;
• Absence of procedural formalities of Court/arbitration.
How Can Keaney Nevin Help?
Mediation provides a cost-effective and efficient alternative to court proceedings.
Gerard Nevin, Principal of Keaney Nevin and a practising Solicitor for over 25 years, is a trained and accredited Mediator, and is able to conduct mediations to resolve disputes between you and your customers, your suppliers or your employees.
Next time you become involved in a conflict that looks as though it is heading for Court, consider having it resolved by mediation. Consider appointing Gerard Nevin to act as the Mediator.