Mediation is a confidential, informal and voluntary way of resolving a dispute with the help of a neutral third person – the mediator. The mediator works with both parties and helps them to reach a mutually agreeable solution.
Mediation procedures are used in a variety of contexts, including:
- Commercial contracts
- Workplace grievances
- Family relationships
- Community disputes
Mediation is a confidential process in which a mediator assists parties to a dispute to attempt by themselves, on a voluntary basis, to reach a mutually acceptable and voluntary agreement to resolve their dispute.
Mediation is a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator.
The advantages of Mediation compared to Court proceedings
Mediation is:-
- Less Costly – a fraction of the cost of undertaking a court case
- Less Uncertain –the parties remain in total control at all times
- Less Time consuming
- Less damaging to business and personal reputations- as the whole mediation process is conducted on a confidential basis rather that in open court
- Less contentious – mediation is not based on the formal and advocacy rules which govern court proceedings.
New legislation on mediation
According to the Department of Justice and Law Reform, the Mediation Bill will be published in 2013. Last year, the Government agreed the general outline for draft legislation on mediation, details of which are outlined below.
Minister Shatter secures Government approval for the general scheme of a Mediation Bill
The Minister for Justice, Equality and Defence Mr. Alan Shatter, T.D. announced today that he had secured Government approval for the general scheme of a Mediation Bill which is published today.
The Minister said
The Mediation Bill will give effect to the undertaking in the Programme of the Government for National Recovery (2011 – 2016) to encourage and facilitate the use of mediation to resolve civil, commercial and family disputes.
The Minister added
The general objective of the Bill is to promote mediation as a viable, effective and efficient alternative to court proceedings thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings. I am anxious to ensure that individuals and companies engaged in a dispute regard resolution of their dispute through mediation as preferable to court litigation.
The Minister said that he wanted to highlight the following elements in the proposed Bill:
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