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Arra HRD
Ltd provides a mediation service.
Michael
O'Sullivan is a trained mediator and holds a Diploma in Mediation
and Conflict Intervention. He has certified member status with The
Mediators Institute of Ireland.
What is Mediation?
In mediation
an independent third party (the mediator) helps parties with a
dispute to try to reach an agreement. The parties with the dispute
decide whether and how they can resolve matters and what the outcome
should be. Mediation provides a confidential and safe environment for
the parties to air their issues and concerns with the other party at
first hand and to hear the complaints, issues and concerns that are
being made against them. The content of the mediation is confidential
to the parties and the Mediator and will only be shared with a third
party with the expressed permission of all parties except where
natural disclosure would occur. The parties and the Mediator agree
the terms of the mediation at the outset of the mediation which are
referred to as ground rules.
Mediation
ideally takes place at a neutral venue. It usually involves face to
face meeting between the parties in dispute with the Mediator acting
as a Facilitator to the process. In some situations the mediation
will involve the parties being in separate rooms and the mediator
will move from room to room and facilitate movement towards agreement
in that manner.
The structure
around the mediation meeting involves a number of stages;
Firstly it is
necessary to work out what the issues are. This is done by the
mediator finding out from both parties what are the important issues
that need to be dealt with.
Having
established the issues from each party's perspective the mediator
then works with the parties to consider options and explore all the
choices available and open to each party. It will be in the hands of
the parties to determine what choices might work for them and the
mediator will support the parties as they seek to find common ground.
An agreement
can then be worked out with the mediator ensuring that the party's
are both clear about what they have agreed to and in this regard a
document may be written up by the mediator and if necessary or
desirable the party's can have their solicitors make it legally binding.
The outcome of
mediation is not pre-determined but some possible conclusions include
an apology, an explanation, a change of behaviour by one or other or
both parties, a promise to do or to avoid doing something, an
agreement to return to work, compensation and so forth. Mediation is
a non binding process. This means that an agreement made is not
legally binding but you can as previously stated have any agreement
made legally binding by your solicitor. In any case many agreements
work without recourse to legal steps and indeed mediation has a good
track record when it comes to agreements being kept.
If no
agreement is reached in mediation then parties are free to pursue an
alternative dispute resolution process or to take their dispute to a
legal process. The mediation process itself is confidential and
meetings are without prejudice which means that anything said cannot
subsequently used in a court or other proceedings. |
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