What is mediation?

Mediation is a process of dispute resolution which provides an alternative to litigation. It is becoming an increasingly popular means of solving conflict within and between organisations. Due to the 2017 Mediation Act legal professionals are required to recommend mediation as an alternative method of dispute resolution before proceeding with litigation.

Mediation enables the parties to resolve their disputes with the help of a neutral mediator in a quick, flexible, confidential process which is cheaper than litigation.

The process allows the use of broader parameters for negotiation than court proceedings and unlike litigation, the mediation parties themselves shape their own negotiation and solve their own conflicts. The mediator’s role is to clarify the issues and expose negotiation opportunities within an unbiased channel. This facilitates the flexible exploration of a solution by the parties in dispute. The mediation is guided by the expertise of the mediator.

Why consider mediation?

Mediation is an effective, efficient, and economic voluntary process which delivers resolution to commercial, corporate, workplace and personal disputes and conflicts.

Mediation offers a confidential, flexible and non-adversarial platform. The mediation process and our expert mediators, create opportunities for mutually agreed, lasting settlements between parties.

What are the benefits of mediation?

There are multiple benefits of mediation which make a desirable alternative to expensive and lengthy litigation.

Cost effective – The process does not require formalised claims, procedures or discovery of documents.
Quick – Most commercial mediations are resolved within a day, except in the case of highly complex commercial disputes. Workplace and other relationship disputes may take a number of sessions.
Immediate – The short lead-in time allows parties to come to mediation quickly.
Confidential – The fact of the mediation is confidential and no information disclosed. during mediation can be disclosed or used in any subsequent negotiation or legal procedure.
Private Settlement – Settlement terms and conditions remain private and confidentiality is legally binding.
Flexibility-The mediation process allows for resolution between parties through the help of a neutral party. Mediation process to be added by Karen
Without prejudice – Information learnt through the process cannot be used in any subsequent litigation.
Binding – Parties can explore many different possible avenues to settlement without the process being binding. The only time when mediation is binding is when the final agreement is reached, is written down and signed.
Multiple Party conflicts – The mediation process can resolve disputes involving multiple parties e.g. organisations, employees, departments, communities.
Before & during litigation – The process can take place before litigation or during proceedings – even while the case is at trial.
Lawyers – Parties have the option of including their legal representatives in the process.
Ongoing relationships – The process provides a stronger opportunity for the preservation and development of the relationship between the parties post-mediation.
Advisors – Professionals acting as advisors may attend the mediation e.g. doctors, engineers, architects, etc.

The Mediation Process

We explain the mediation process here.

We are expert in Mediating the following types of dispute

Workplace and Employment Disputes
Boardroom and Shareholder Disputes
Partnership Disputes
Commercial Mediation
Disputes within Groups (Not-for-Profits)
Family Business and Succession Planning
Elder Mediation
Family Farm and Boundary Disputes
Family Mediation
Bullying Harassment and Sexual Harassment
Disputes in Schools

To Find Out More

The Mediation Act and what it means for you?

Find out more about the 2017 Mediation Act here.

Why choose Erwin Mediation ?

Karen Erwin is one of Ireland’s most established and respected mediators. Karen’s extensive and varied professional experience gives her an unrivalled expertise in commercial and interpersonal mediation. A strong mediator, Karen’s legal background ensures that she has the necessary skills and knowledge to create the appropriate legally binding agreements immediately where other mediators must outsource this service. Making your dispute resolution process quicker and more effective.

Karen is based in Ireland but provides mediation, facilitation and training all over Ireland. Karen’s strengths include:

Extremely trustworthy, Karen is known for her integrity and professionalism
Karen’s diversity of interests and commercial experience enable her to deliver effective mediation for all types of dispute
Karen has been a mediator for over 14 years
Karen has completed over 3000 hours of mediations
Karen is a qualified Solicitor enabling her to draft binding legal agreements
Karen’s commercial experience makes her a string mediator able to deal with and reach successful outcomes in extremely challenging situations
Karen is a past President of the Mediators’ Institute Ireland and responsible for delivering their mandatory ethics training
Karen is a signatory to the Mediators’ Institute of Ireland Code of Ethics