The Context for Civil & Commercial Mediation
The Civil Liabilities & Courts Act, 2004, Section 15, states that –
Upon the request of any party to a personal injuries action, the court may –
(a) at any time before the trial of such action, and
(b) if it considers that the holding of a meeting pursuant to a direction under this subsection would assist in reaching a settlement in the action, direct that the parties to the action meet to discuss and attempt to settle the action, and a meeting held pursuant to a direction under this subsection is in this Act referred to as a ‘mediation conference’.
This order prescribes six bodies which can nominate persons to act as chairpersons of conferences. Two of these bodies are The Mediators' Institute of Ireland and Friarylaw. Gerry O'Sullivan is on a panel of mediators for both of these bodies.

The Benefits of Civil & Commercial Mediation

Privacy and Confidentiality, Speed, Lower Costs, Parties have ownership of outcomes

For the Legal Representatives
Mediation is the least costly and the most efficient of other approaches to address conflict, such as arbitration or litigation, therefore, it considerably reduces the time and resources of the legal team and the costs to their clients.

For the Disputing Parties
Mediation reduces the costs for the parties and ensures that claims are settled more quickly. The disputants retain control of their dispute and mediation gives the parties the opportunity to present their case to each other before a neutral third party in a way that indicates the strength of their feelings and highlights aspects that are of significance to them.

Mediation allows parties to maintain dignity and respect and therefore leads to better relationships between the disputing parties in the long term, if this is applicable. It is a non-adversarial process that is intended to deliver a ‘Win-Win’ resolution where both disputing parties are in agreement with the outcome. Mediation provides the forum for the use of solutions that are often more creative and will meet the civil and commercial needs of the disputing parties.

Disputing parties can enter into mediation without jeopardising their other legal or dispute resolution options. The risks in employing mediation are low and the potential for a successful outcome is high. The mediation process ensures that privacy and confidentiality is maintained.

References

References will be supplied upon request