At Porter Morris, we have the experience and knowledge to represent and assist parties at mediation.
Mediation is a strand of alternative dispute resolution (ADR). Commercial Mediation first developed in the USA in the late 20th Century as part of a drive to find alternatives to the delay and expense of Litigation. Since then Mediation and other forms of ADR have been embraced in Europe, including Ireland, and many other countries around the world.
Whereas Litigation is the process in which disputes between parties are decided by the Courts, Mediation allows the parties to decide the outcome of their dispute themselves. This is done by engaging a mediator, who is an entirely neutral party, to assist the parties in negotiating a resolution of their dispute. If the parties reach a resolution of their dispute, a settlement agreement, which is binding on the parties, is signed. If the parties do not reach a resolution, then they can still pursue their dispute through the Courts and the mediation process will not have had any negative effect on the parties’ Litigation of their dispute.
Mediation can work in the resolution of many types of disputes, including commercial disputes and family disputes. It enables the parties to choose a time and place, in private and without prejudice, to try to negotiate a settlement of their dispute with the assistance of a neutral mediator. In assisting the parties, the mediator brings negotiating, problem solving and communications skills to the process, and deploys them from a position of independence and neutrality. Mediation can save time and costs and is a wholly private means of dispute resolution where the parties themselves can choose the terms of settlement of their dispute.