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Mediation Solicitor Dublin

What is Mediation?

Maura Hurley Solicitors is one of Dublin’s best know Family Law Solicitors based in Dublin 7 and is a mediation services specialist.

Mediation is a form of Alternative Dispute Resolution (ADR). Its purpose is to enable parties resolve their dispute without a final decision being imposed by a Judge or Arbitrator.

To discuss your case contact the office of Maura Hurley Solicitors on +353-1-526-6723 or click here to email

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How does Mediation work?

The Mediation process can be initiated at any time prior to or in the course of Court or Arbitration proceedings. The Mediation process is confidential and without prejudice. Matters discussed at Mediation are not admissible as evidence in Court proceedings.

A Mediator is appointed by the parties.

A Mediation agreement is signed by the parties. The agreement sets out the terms governing the process. Family Mediation Services Dublin, Couple Mediation Services Ireland, Family Mediator Dublin, Family Mediator Services in Dublin

The Mediator controls and directs the process but does not make decisions about or impose any findings relating to the dispute.

Prior to the Mediation hearing the Mediator is furnished with a summary of the dispute and any core documents.

The Mediator arranges the Mediation at a time suitable to all parties. The meeting facilities normally consists of three meeting rooms, one for joint meetings when all parties and the Mediator are present and one for each of the parties (and further rooms if there are more than 2 parties to the dispute).

The process is normally completed in one day. The precise process and timetable will vary for each dispute. The Mediator will direct the timetable.

The process normally opens with a group or plenary session when all parties meet with the Mediator and each party is asked to give a statement setting out their position.

Usually the next stage is a private session (caucus) when the Mediator meets with each individual party and their representatives. A party is always at liberty to discuss matters privately with their own advisors.

Matters discussed with the Mediator in private session are normally confidential and are not disclosed by the Mediator to the other party unless the party gives permission for any matter disclosed to be communicated to another party.

The process enables the parties to explore all aspects of the dispute with a view to firstly, narrowing down the real issues of contention and secondly, exploring possible avenues for resolution of the dispute. The Mediation process is more flexible than a Court hearing and can enable parties settle matters beyond the strict confines of the reliefs available in Court proceedings.

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Resolution

When the parties reach agreement the Mediation process is at an end.
A formal settlement agreement can then be drafted and implemented by the parties.

While the process is confidential a formal settlement agreement entered into as a result of Mediation is enforceable in the same way as a consent order or settlement agreement of court proceedings.

Mediation does not entail the taking of evidence and is less formal than a Court hearing. However all parties and their representatives are expected to remain polite and courteous to each other and to the Mediator during the process.

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Confidentiality

The process is confidential. Matters discussed at Mediation are not admissible as evidence in Court proceedings.

 

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Time

The process can occur at any time. The process can be initiated and completed within a very short period of time.

The process can be invoked at an early stage of a dispute prior to the commencement of Court proceedings.

 

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The role of advisors.Save & Exit

It is recommended that parties to a dispute have their own legal and professional advice. The professional advisors (solicitor, barrister, accountant etc.) have important roles to play in advising their client throughout the Mediation process and in providing details to the Mediator that may assist the progress of the Mediation.

 

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The role of the Mediator.

The primary role of the Mediator is to facilitate the parties achieving resolution of their dispute. The Mediator does not make or impose decisions on the parties relating to the dispute. The Mediator does not make findings of fact or law. The Mediator will also ensure the rules of the Mediation Agreement are followed.

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