Welcome to Mediation

Mediation Southeast is a provider of Family Mediation and Civil & Commercial Mediation.

Mediation Southeast mediators are accredited with Friarylaw ADR Group and Family Mediation Services Ireland. Mediation Southeast operates in the Dublin and Southeast area of Ireland.

We work closely with mediators nationwide, and would be happy to recommend mediators in other areas of the country.

Mediation Southeast, in conjunction with Friarylaw ADR Group provide alternative dispute resolution ('ADR') services in Ireland. The practical application of mediation techniques is at the core of the Friarylaw & ADR Group accreditation approach.

Mediation Method

Our mediations are conducted with one male and one female mediator working with each couple in the Family dispute. This is known as Co-Mediation and is a proven, highly successful Family Mediation model. Family mediation can be used to:

Agree the terms of a Divorce or Legal Separation

• Resolve child maintenance, guardianship, custody or access arrangements
• Resolve a family dispute
• Divide property and assets by agreement
• Resolve inheritance/probate disputes
• Agree ongoing methods/means of communication between people in dispute
• Resolve passport or travel issues for children
• Resolve issues relating to the schooling of children

What is Mediation?

Mediation is a form of Alternative Dispute Resolution (ADR). 

Mediators facilitate parties in reaching a settlement of a dispute rather than accepting a judgement imposed by a third party such as a judge or an arbitrator.

Disputes covered by mediation include disputes between governments, organisations, communities, individuals or other repersentatives with a vested interest in the outcome of the process.

Mediation is a process based on confidentiality and impartiality.

Why Choose Mediation? 

Mediation has many advantages over court proceedings, including the following: 

• Creativity - mediation is a much more flexible way of resolving disputes than going to court
• Confidentiality - mediation is completely confidential. Everything that takes place in mediation remains confidential.
• Cost effectiveness - mediation costs are substantially lower than those of contested court proceedings
• Time savings - mediations are much more time efficient than protracted court proceedings
• Independence - the parties to the mediation control the process and their outcome. No third party imposes a decision upon them.
• Preservation of relationships - after the dispute is resolved the parties will have avoided the acrimony of court proceedings.

Family Mediation 

Family Mediation is a confidential dispute resolution process. It helps people to resolve their issues without having to go into a contested court case.

Family Mediation can be used to resolve issues regarding child custody, child access, guardianship, divorce, legal separation, sibling disputes, child maintenance, spousal maintenance, and disputes regarding inheritances amongst other matters.

Mediations can either take place with everyone in the same room, or with the two sides to the dispute in two separate rooms. The mediators will either work with both parties present or work between the two rooms.

We recommend the co-mediation method which uses a male and female mediator in each case. We find that using two mediators, with a gender balance, is more conducive to achieving a successful mediation.

How long does mediation take?

That depends on what needs to be resolved. In practice most family disputes take on average five to seven sessions to conclude. The sessions can last upwards of an hour and a half, but generally no longer than that.

The Mediators examine the dispute between the two sides and strip it down to it’s bare bones. They then examine how the dispute escalated. In doing so, they have regard for all the different components of a dispute such as the power balance between the parties, communication issues, gender issues, financial components, interests and positions and persuasiveness. Having regard to all the various components to a dispute, the mediators lead the parties into a path of communication that leads them towards the resolution of the dispute.

Potential contested issues include:

Approach

Mediation Southeast’s approach to Family Mediation differs in some fundamental respects from other organisations. Our approach reflects our view that, at its root, mediation is a form of negotiation. Mediation Southeast believes that the mediation of Matrimonial Disputes is mutually exclusive with marital counselling. Our approach respects the parties’ decisions to alter their relationship and aims to facilitate the formation of a strong and equitable settlement, which will allow the parties to move on with their lives with the minimum cost.

The goal of Mediation Southeast Family Mediation is a strong agreement at the end of the process; as a consequence of this mission, Mediation Southeast proactively encourages the involvement of legal and other advisers (i.e. financial, taxation, pensions) in the process. Our Mediators are trained and tested in the Friarylaw Hybrid Model of Family Mediation.

Civil & Commercial Mediation 

What is mediation, and how may it be of benefit to your business?

Mediation is a voluntary, non-binding, without prejudice method of resolving disputes. Information is shared with a neutral individual who helps the parties in dispute to negotiate a settlement ("the mediator"). The mediator does not decide or judge the case but helps the parties to reach their own agreement through establishing genuine agendas and areas of common ground. Arbitration, Courts and other traditional forms of dispute resolution offer only financial compensation or specific orders requiring parties to act in a certain way; they do not lend themselves to the more creative solutions that might better meet the [business] needs of the disputing parties. Mediation can be significantly cheaper and quicker than litigation and can result in business relationships being maintained, not to mention, measurable savings in management and time costs. 

The Process

The mediation usually begins with a joint session, where the mediator(s) explains the process and invites each party to present their view of the dispute, briefly and informally. The mediator(s) then meets with each party, privately and in confidence, to discuss their respective positions. With this information and with the parties' express authority, the mediator will try to establish areas of common ground and provide the parties with the opportunity of exploring proposals for a commercially viable settlement. 

What type of disputes can be mediated?

Mediation can be used to resolve a variety of commercial and civil disputes. However, it is unlikely to be appropriate in cases, where a party requires a clear judicial decision on a point of principle or when someone simply wants their 'day in Court'. 

Where does the Mediation take place?

The mediation will then usually take place at a venue most convenient to all parties and at a mutually agreeable time and date. 

Who pays for the Mediation and how much does it cost?

It is usual that the costs of the mediation are borne equally between the parties. The cost of mediation is based on a fixed fee structure, including travel, expenses, (not dictated by the value of the claim) and the parties' solicitors' fees if they attend. 

How to prepare for Mediation

Preparation is crucial to a successful mediation. Parties are encouraged to ensure that they have thoroughly examined all aspects of their case including a comprehensive litigation risk analysis and preparation of a full costs schedule is advisable. Worst and best case scenarios are also useful exercises to carry out. 

What other benefits can Mediation provide for your business?

Even if settlement is not achieved, mediation will, in all probability, have helped the parties to narrow the issues in dispute, speed up resolution of the dispute or at least help make litigation faster and cheaper. Mediation does help minimize hidden litigation costs:

• Diverted management time

• Disruption to normal trading patterns

• Permanent damage to the trading relationship.

Mediation aims to resolve a dispute through negotiation. It is an alternative to a judicially imposed decision over which the parties have limited control, which may take months to achieve and which may result in a hefty legal bill. 

Mediation Process & Costs 

Mediation generally involves three stages:

1. Pre-mediation, which includes all matters in getting the parties to the (first) mediation session.

2. The mediation session(s) and

3. Any items post mediation including finalising the agreement and any post mediation or review meetings. Not all mediations go through all of these stages – each mediation is different depending on the parties, the nature of the dispute, and the Mediator’s approach.

4. Our mediators work as a team and attend all meetings. We are very flexible about meetings times and we can offer evening appointments if necessary. We charge an hourly rate for meetings and other work - please contact us for details.

Fees

Please contact Mediation Southeast for a schedule of Mediator hourly /daily fees.