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Mediation Service
– Civil & Commercial and Employment Disputes

What is Mediation?

Mediation enables parties in dispute to reach agreement on the resolution of their differences through a voluntary and non-adversarial process of dispute resolution.

When to avail of Mediation

Mediation as a method of dispute resolution can be utilised by parties in a variety of circumstance and examples of situations where disputes arise and can be mediated include, but are not limited to:

  • Employment Relationships – between employees; between an employer and employee; between an employer and employee representatives
  • Commercial/ Contractual Relationships – parties may be in disagreement about the content or subject matter of their agreement or where there is a divergence in views about how contractual obligations were performed

Benefits of Mediation

  • Mediation is a cost-effective route to achieving settlement of a dispute in terms of legal and operational costs and management time
  • Preservation of relationships
  • Reduced timeframe for the resolution of the dispute
  • Reduced stress for all parties
  • Privacy and confidentiality of the process
  • Avoidance of unwelcome publicity
  • Willingness of the parties to adhere to the mediation agreement
  • Confirmation and recording of a legally binding agreement reached by the parties to settle the dispute
  • Parties can elect to have representatives, legal or otherwise, present to assist them in the dispute resolution process
  • Voluntary nature of the process

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Nature of Arbitration

The referral of a matter to Arbitration typically occurs when a dispute or difference arises between parties to an agreement. Referral may occur because the parties decided, as part of their agreement, that where any dispute or difference arises they will utilise Arbitration. Alternatively when a dispute or difference arises, and there is no pre-existing agreement to arbitrate such matters, the parties may decide that they wish to avail of arbitration as their preferred method of dispute resolution.

Arbitration is regarded as an alternative method of dispute resolution to the pursuit of litigation of a matter and is often described as “litigation without the wigs”. When a matter is to be arbitrated the parties will have their dispute or difference determined by an Arbitrator who will issue an award, which is in effect the judgment on the matter. The Award is final, binding and enforceable. Providing there is a written arbitration agreement the Arbitration Acts 1954, 1980 and 1998 will apply.

Consultant Profile

Name: Dominic Wilkinson

Qualifications:
Barrister-at-Law
Bachelor of Arts
Diploma in Arbitration Law
Diploma in Law
Diploma in Personnel Management;

Memberships:
Member - The Chartered Institute of Arbitrators
Chartered Fellow – Chartered Institute of Personnel and Development
Member - Irish Institute of Training and Development IITD
Member - Irish Association of Industrial Relations

Arbitration Information:
For further information on the benefits and nature of arbitration as a means of dispute resolution please refer to the following websites:

www.arbitration.ie
www.dublinarbitration.com
www.barcouncil.ie
www.arbitrators.org
www.adr.org
www.lcia-arbitration.com

Further Information
For further information please contact Dominic Wilkinson by e-mail dominic@dmw.ie or on 087 798 0349.

 

 

 

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