What does the Mediation Act mean for you?

What does the Mediation Act mean for you?

• The Mediation Act came into force on 1 January 2018 and as a result mediations are more regulated than in the past.

• For a party to mediation this is good news as safeguards are now enshrined in law. For example, the Act requires the mediator to act with impartiality and integrity and to treat the parties fairly.

• It also requires the mediator to deal expeditiously with the mediation thereby reducing the costs.

• Before you mediate, you, the other party and the mediator will come to agreement confirming that the process is voluntary and parties can leave if they want; it is confidential; you can bring an advisor or supporter to the mediation; you will be given the opportunity at all stages to seek legal advice; if agreement is reached it can be a legally binding agreement ( or not if the parties prefer); how and when the fees will be of the mediator will be charged and paid will be agreed before you start;

• The benefit to the parties is that there is clarity before the start of the process as to the terms of engagement and the mediator is obliged to give you details of their qualifications, training and experience, continuing professional development and the Code of Practice under which they are working. Interestingly it doesn’t require details of their insurance but you should check that they have professional indemnity insurance in place.

How to Select a Mediator

• So to select your mediator select three possibles on the Mediators’ Institute of Ireland (themii.ie ), contact them and ask them about their qualifications, their experience in the field of the mediation you envisage, their availability and what they will charge. If what they tell you is appropriate and if you feel confident having spoken to them and you like the sound of them then instruct them.