Mediation & ADR
Mediation is a powerful and effective instrument for amicable dispute resolution. Any agreement in which all parties have contributed has obvious advantages; no losers! It’s not just about reaching agreement…. it’s about getting a resolution!
Mediation differs from arbitration, for example in that the parties to the dispute move towards a mutually acceptable settlement. Where it is possible to proceed by mediation it generally works and produces a better outcome.
Alan Shatter, Minister for Justice said on April 11th that the Mediation Bill will not be published until early 2014. There is a summary of the ‘Draft General Scheme’ of the Mediation Bill in my blog and you can read the full text here. See report of Law Reform Commission on Mediation here.
In the workplace an external, neutral third party brings a fresh voice and new skills to dispute resolution and should be used more to resolve disputes either of an individual or group nature before they become intractable.
Yet very few Disciplinary procedures provide for a mediation step. it should be in every single one and is part of contracts provided by Workplace Solutions.
It is now much favoured by the courts and the Rules of the Superior Courts were amended in September 2012 to make mediation agreements enforceable in the courts. (Pictured above Judge Paul Gilligan of the High Court receiving his CIArb Accredited mediator certificate from then President of CIArb Prof Doug Jones and CIArb Ireland Chairman Pat Brady
Which dispute resolution route you follow depends on the nature of the dispute and the willingness of the parties to embrace it. But the best time to sort out the options is before a dispute arises……..like now!
We can supply a standard dispute resolution clause for incorporation in commercial or workplace contracts.
Pat Brady is an Accredited Mediator (Chartered Institute of Arbitrators) and a Certified Mediator (Mediators’ Institute of Ireland)
NEWSTIME Note of Rolf v de Guerin following Dunnett v Railtrack, on impact of failure to mediate on costs. Click here for details
Bridges of Dublin; Pictured above left the Dundrum Luas bridge in winter and right the old Milltown bridge, reputed to be the oldest bridge in the city