What is Mediation?

Mediation is a fast, cost-effective, efficient and satisfying way of resolving disputes.

Given the high costs of litigation and the length of time involved in bringing matters to Court, more and more people are turning to alternative dispute resolution mechanisms such as mediation. The process of mediation allows the parties to explore and analyse what is separating them. It encourages the parties to re-frame the problems and look for solutions. It also encourages the parties to look at the issues from the other party’s perspective.

If a matter is successfully mediated, the parties enter into a agreement which is legally binding and which incorporates the terms of the settlement. The major difference between mediation and litigation is that the parties have ownership of the settlement agreement in mediation, whereas in litigation the settlement is imposed on the parties by the judge. Accordingly, parties to a mediated agreement tend to be much more satisfied with the outcome than parties to an imposed agreement such as a Court Order or Arbitration Order.

The key element to remember in relation to mediation is that the parties come to the process voluntarily. Accordingly it is essential that before mediation is embarked upon, the parties sign an Agreement to Mediate, in which they acknowledge their willingness to engage in the process.

Statistics indicate that 75% to 80% of disputes that are sent for mediation, are successfully resolved through the mediation process. This is a staggering statistic as it means that the parties to these successfully mediated disputes, have taken ownership of the problem and resolved it between them, without having a solution imposed upon them. Furthermore it has been shown that parties to successfully mediated disputes can move on and do not carry any baggage. Unfortunately in a lot of instances where disputes are resolved by way of Arbitration or Litigation, one or both of the parties leave the process totally dissatisfied.

In the area of Family Law, mediation has been found to be particularly effective, as it allows the parties to go forward after the dispute has been resolved. In particular, the parties to a successfully mediated family law dispute usually preserve an amicable relationship which is good for both of them and their families respectively where there are children involved.

It seems clear that going forward mediation is going to play a huge role in the resolution of disputes. The mediation process is appropriate for the resolution of any type of dispute. It is believed that the mediation process will be particularly useful in resolving commercial disputes, disputes in relation to property, family law disputes, employment disputes, landlord and tenant disputes, disputes within schools and so on.

Mediation Solutions Northwest has been established to provide a Mediation Service in the North West of Ireland.

The Association is made up of accredited Mediators. The Members of the Association have different backgrounds varying from Law, Medicine, Architecture, Accountancy, and Counselling. The members of the Association have acted as Mediators and as representatives for parties engaged in the mediation process.