Mediation is one of a number of alternative dispute resolution mechanisms and is appropriate for many divorce in Ireland and separation cases. Keith Walsh has advised clients to go for mediation as an alternative to court and has advised them while they are in mediation. The following informaiton is provided by the Courts Service of Ireland. 

Mediated agreement
 

About mediation

Mediation helps couples who have decided to separate to resolve any disputes they may have in relation to the key issues of custody and access to children, maintenance, and property rights.

Mediation is not marriage counselling. Its purpose is not to help a couple to reconcile. The mediator is neutral and encourages the separating couple to co-operate with each other to work out mutually acceptable arrangements that they will stick to. Any separating couple can avail of mediation, whether they are married or not. This includes same sex couples.

If agreement is reached, the mediator will draw up the terms of the agreement, which is signed by both parties. The mediated agreement is generally stated not to be legally binding unless the parties arrange for a solicitor to draw up a legal separation agreement based on the mediated agreement. A solicitor can then carry out any necessary legal work such as transferring the ownership of property. The mediator does not give legal advice. It is important for couples who opt for mediation to ensure that they obtain legal and financial advice before and while attending mediation so that they know their rights and can make informed decisions. Mediation is confidential and any communication with a mediator is not admissible in evidence whether or not agreement is reached and even if there are subsequent court proceedings.

Keith Walsh adds - it is very important that you access a reputable family lawyer to get the best advice before you conclude your mediation and most mediators will advise you to get legal advice at the beginning of the process. 

The MII, Mediators Institute of Ireland is an excellent source of information on mediation www.themii.ie. The MII define mediation as:

Mediation is a process whereby an independent, neutral Mediator(s) assists the parties to come to agreement through collaborative engagement. The Mediator’s role is non-judgmental and non- directive. The Mediator is neither judge nor arbitrator and does not adjudicate or give decisions on the rights or wrongs of the actions of the parties. The Mediator supports the parties in identifying their issues and needs, in exploring how those needs can be addressed and facilitates them to reach agreement

Why Choose Mediation?

1. Less Adversarial:

Mediation is an interest-based process based on consensus and collaborative agreement.

2.Lower Cost:
Both in monetary and personal terms, mediation is inexpensive compared to rights-based interventions such as investigation or litigation.

3. Preservation of Working Relationships:
Mediation works towards long-term solutions for the disputing Parties, and where there is an ongoing relationship places significant emphasis on how they will interact in the future.
Control:

4. Mediation belongs to the Parties. The disputing Parties control the content and outcome of the mediation.

5.Creative Solutions:
Mediation allows for creative solutions which may not be available in rights-based processes.

6. Protection of Privacy:
The confidential nature of mediation allows the Parties to negotiate freely and productively without fear of publicity.

7. Swift Settlement:
Mediation can be scheduled soon after a dispute arises and following the pre-mediation meetings, can often be concluded in a single day.

8. Preservation of Options:
Engagement in a mediated intervention does not preclude participation in a different dispute resolution process.

9. Low Risk:
Settlement potential is high and there are benefits to participating in the process
for all.

Contact Keith Walsh for more information, keith@kwsols.ie, 01 455 4723.  

Keith has Diploma in Mediation and is a member of the MII and has supported mediation by advising spouses on their legal rights while involved in the mediation process.