Does the Irish Mediation Act help pave the way for compulsory mediation here?
In October this year the Mediation Act 2017 [...]
A neighbour dispute that ended up in court
A Neighbour Dispute: A case that cried out [...]
Co-Mediation – Working in partnership: the benefits of co-mediation
Co-mediation is where multiple mediators (usually two) work [...]
Half Day or Full Day Mediations?
Half Day Mediations - are they better than [...]
Who wins the blame game on costs? – and what would Jackson say?
As mediators we are often told that litigation [...]
Preparation for Mediation: What do I Bring?
Many people entering into their first mediation often wonder what they need to bring. The role of the mediator is to help the participants find a solution they can both live with. To do this, the mediator needs to know everything relevant.
Preparation for Mediation: Evaluating Your Case Objectively
Emotion is the downfall of many disputes. One side feels they deserve it all and the other side feels they should give nothing. This is a destructive emotional response that impedes a satisfactory settlement. When evaluating your case, it is important to try and put emotion aside and look at things clearly. A judge hearing your case will have to look at the case objectively and neutrally under the law.
Preparation for Mediation: The Right Mindset
This second article in the Preparing for Mediation series focuses on creating the right mindset for going into mediation. Having the right mindset is critical for success. Without this even the most expert mediator will have trouble moving the parties together.
Preparing for mediation: The position statement
The first topic I would like to address is the position statement that the participants or their solicitors prepare and send to the mediator well before the mediation meeting. This will usually contain materials and a case summary to allow the mediator to get familiar with the facts (and opinions) of the case.
What Happens During a Mediation?
Once all parties agree to mediate, choose a mediator and schedule the date, the question then arises: “What will happen on the day of mediation”? Unlike a trial, mediation is an informal process that takes place at a neutral site, often the mediator’s office suite.