Mediation is a method of resolving disputes between parties as an alternative to formal Court or Tribunal proceedings. Often referred to as Alternative Dispute Resolution (ADR), it offers a more flexible and less adversarial approach to resolving conflicts.
The mediation process is strictly confidential and operates on a "without prejudice" basis. This means that any information shared during mediation cannot be used in future Court or Tribunal proceedings if an agreement is not reached.
Mediation is non-binding until the parties involved sign a formal agreement that outlines the terms of any settlement reached during the process.
Both our solicitors work in the area of mediation with Niall Geaney focusing on sports mediation and Patrick Geaney on property related mediation matters.
Mediation is a structured process in which an impartial third party—called a mediator—helps two or more parties in dispute reach a mutually acceptable resolution. Unlike in court or tribunal proceedings, where a judge or panel makes a binding decision, mediation is a voluntary, non-binding process where the parties themselves have control over the outcome.
Key Features of Mediation:
- Voluntary: Participation is typically voluntary, meaning both parties must agree to enter into the process.
- Confidential: Mediation is a private and confidential process. Anything shared during mediation cannot be used later in court or other legal proceedings if the matter doesn't resolve through mediation.
- Impartiality: The mediator is neutral and does not take sides. Their role is to facilitate communication, help clarify issues, and explore possible solutions, but they do not impose a decision.
- Control: The parties retain control over the outcome. They are free to accept or reject any proposed settlement, and any agreement reached must be mutually acceptable.
- Informal: Compared to the formality of court or tribunal procedures, mediation is typically more relaxed and flexible, allowing the parties to discuss the issues in a less adversarial environment.
- Non-binding: Mediation is not legally binding unless the parties sign a written agreement. If the dispute is not resolved, the parties can still pursue other legal actions, such as going to court.
When to Use Mediation:
Mediation can be used in a wide range of disputes, including:
- Sport Law matters (e.g. commercial disagreements)
- Business disputes (e.g., contract disagreements, partnerships)
- Employment issues (e.g., workplace conflicts, discrimination)
- Neighbour disputes (e.g., noise complaints, property boundaries)
- Civil disputes (e.g., personal injury claims, consumer issues)
Benefits of Mediation:
- Cost-effective: Mediation is often less expensive than going to court.
- Faster resolution: Disputes can be resolved more quickly than through formal legal processes.
- Preserves relationships: The collaborative nature of mediation helps maintain relationships, especially important in family, workplace, or business disputes.
- Flexibility: Mediation can address the unique needs of the parties and offer creative, tailored solutions that a court may not be able to provide.
In sum, mediation is an effective, alternative method for resolving disputes without the need for formal litigation, promoting amicable solutions and helping to avoid the time and cost of courtroom battles.
For more information on how mediation can work for you, please contact us.
*Please note: Mediators do not provide legal advice to the parties. All participants in mediation are encouraged to seek independent legal and financial advice before and during the mediation process.