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Mediation Steps / the Process

Experience has shown that there is no such thing as a “typical mediation”.

However, set out below is a series of steps which are fairly typical of a commercial Mediation.

 

1. Initial Contact

i. A commercial dispute exists between two or more parties. One of the parties has heard about mediation but is unclear about the Mediation process.
ii. Having made some enquiries he or she makes contact with us and outlines his/her side of the dispute to a Mediator.
iii. In discussion with a Mediator it is established if the issue is suitable for mediation.
 

2. Following a decision that Mediation may be appropriate

i. The Mediator is conscious of preserving impartiality with both parties and so will limit the level of the initial discussion.
ii. The Mediator will then agree a process for making contact with the other party to the dispute.
 

3. Next Steps

If both parties and the Mediator accept that there is merit in engaging a Mediator a number of steps will then occur:
i. The basis of fee charging will be agreed.
ii. The timing and location of the Mediation will be arranged
iii. The Mediator will issue a number of documents to both parties, including:-
   
a) A Letter of Engagement (setting out the agreed terms of reference, fee levels, diary arrangements and other pertinent information).
b) A copy of the (currently voluntary) EU Code of Practice.
c) A copy of the Mediation Rules indicating best practice as set out by Mediation Forum Ireland (a body prescribed as a nominating body by the Minister for Justice, Equality and Law Reform, under regulations pursuant to the Civil Liability and Courts Act 2004 (Section 15) Order 2005, which the Minister signed into operation as of the 31st March 2005).
   

4. Mediation

The Mediation then takes place - most of our Mediation consultations are completed within a short number of days after the initial contact for assistance is received.
   

The Mediation Panel ®| 12 Hatch Street Lower, Dublin 2. | Ireland. D02 R682 | Phone: +353 1 6279886
Site Last Updated: November 2016| © 2016 Bespoke Ventures Ltd