Mediation is a process whereby a neutral third party assists clients in achieving a solution to meet their needs. Many people see Court as a daunting and expensive upheaval. One of the major drawbacks to litigation is the lack of flexible and creative solutions. These drawbacks cause a failure to meet the demands of clients in an efficient way.
Mediation Act 2017
This act seeks to put mediation centre stage. It ensures that people consider the multiple benefits associated with mediation. Lawyers are obliged to offer it as an alternative to litigation to their clients. While it is a voluntary process, the act sets out that a lawyer must sign a declaration that the option has been given to clients. The court can invite parties to mediate. If they do not take up the Court invitation, parties may be liable to pay costs. Even if proceedings have begun, mediation is still possible. It is also possible to add a clause in a contract that if a dispute arises, parties will agree to mediate.
Benefits
It is effective in preserving relationships which is often the main concern when beginning litigation. More and more people do not want to rely on the luck of the day in court, they want to achieve a guaranteed result. Mediation empowers people to have their say and come to an agreement that suits them. This is especially useful in Family Law, where emotions run high and human relationships are more important than legal rights or ‘winning’. It may be valuable for parties to achieve a resolution outside of the courtroom.
Podcasts: Mediation Explored
Here you can listen to some of our most popular mediation related podcasts.
Traditional Litigation
It is not realistic to think that you will achieve more in court, even if a case seems clear, there could be several twists and turns at a hearing. In a court ruling, the decision is concrete. Mediation digs deeper and considers the emotional aspects of a case. It is one of the few processes where human factors play a key role in the decision-making process. Clients can create their own sense of justice and will be more likely to commit to an agreement if they have played a role in its creation.
Mediation as an alternative to litigation has countless benefits. As a result of the Mediation Act 2017, people will not only be given the option to consider the process, but there is also an abundance of information available to those considering mediation. The Act is straightforward and very accessible, which accurately reflects the process itself.
Contact Us
If you would like further information, you can contact a member of our team on 052 612 4344 or at info@lynchsolicitors.ie . You may also find ADR – Alternative Dispute Resolution – An Alternative to Court helpful.
The material contained in this article is provided for general information purposes only. We advise you to seek specific advice from us about any legal decision or course of action.
Hi my name is Ewa I was working for 6 months in spar and I was bullying by my college went so intense that I felt that I don’t have any choice but quite my job. I was wondering can you take my case if yes how much that will be cost. Don’t know if is worth going. Thanks.
Bullying in the workplace can be difficult to prove against the employer as opposed to the employee. Having said that if the employee is a mark and the employer did nothing about it and had knowledge , you may have a case.