What is mediation?

Mediation is a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute.

Mediation is voluntary, and you cannot be obliged to use mediation to resolve a dispute - all of the parties must agree to use mediation to try to resolve the dispute.

Even when the parties have agreed to use mediation, it remains voluntary. The parties are free to decide at any time not to continue.

Advantages of mediation

Mediation offers several possible advantages for resolving a dispute. Engagement between the parties is facilitated by a neutral, independent third party called the mediator.

The parties decide if, when and how their dispute is resolved. All communications between the parties and the mediator are protected by confidentiality. Communications happen with a view to resolving a dispute and may not be used or referred to elsewhere if matters are not finally resolved in the mediation.

Mediation is a flexible, informal process that can be organised at short notice. It allows the parties to conclude a resolution agreement quickly and much faster than is usually possible by court action.

Resolution using mediation can allow parties to continue or resume their previously successful contractual or other relationship.

Mediation may not be suitable for every dispute, but can be a way to finding a working solution to resolve an issue.

What are the risks of mediation?

There is no guarantee that you will reach an agreement through mediation. If this happens, you may have to go to court.

A mediator's obligations

Mediators must provide details of their mediator qualifications, training, experience and continuing professional education as mediators. They must provide a copy of the code of conduct to which they subscribe.

Mediators must conclude the mediation expeditiously; they must remind parties of their right to take independent legal or other advice before signing a settlement agreement, and their fees must be reasonable and transparent.

The mediator may suggest how a dispute may be resolved only when all parties request to do so.

Selecting and appointing the mediator

The choice of mediator is critical. The Irish Professional Mediators Organisation can provide a mediator who is acceptable to both parties if needed.Further information is available at https://www.theipmo.ie/

 Preparing for mediation

Negotiations that take place in mediation are similar to other negotiations, and parties must be prepared appropriately.

Parties should have considered at length how it may be possible to resolve the dispute. The mediator does not decide how matters will be resolved; it is up to the parties to work this out.

If parties have not fully considered possible alternative ways to resolve matters, it may be less likely that a resolution will be agreed in mediation.

Parties should have met with or spoken to the mediator in advance and know how much time and money the dispute has cost them to date. They should have considered what would happen in the future if matters were not finally resolved in the mediation, and they should have estimated how much more time and money would need to be spent trying to resolve matters elsewhere.

Parties should have taken professional advice in advance, including legal advice as required. Doing this can help them fully understand their legal rights and obligations concerning the matters in dispute.

Dravet Syndrome Ireland and Mediation

Dravet Syndrome Ireland will enter mediation if we cannot find a workable solution to a valid complaint.

The Board will cooperate with the mediation process and aim to work with the mediator in a positive manner throughout the process.

If the mediation process provides an agreeable solution, the Board will aim to work with it and abide by the mediator's findings.