Scribd Logo
Upload

Welcome to Scribd!

  • 31 views

    The Mediation Partnership Ireland

    Uploaded by

    mediation_ireland
    Many might have watched films about companies being sued by their employees or never ending court disputes - and some of them are cases taken from real life. What you will not find too often outlined by the media are successful cases when people are able to reach a beneficial conclusion for both parties through facilitative mediation. If you have a problem in your company serious enough to consider asking the advice of a solicitor, you may want to consider a commercial mediator as your first point of contact. Any solicitor is more than happy to expand his or her portfolio with a new litigation but it may cost you a lot of money and it will take a considerable amount of time until a conclusion can be reached. When it comes to lawsuits or arbitration, you delegate the responsibility of finding a solution to someone else, while the problems continue to affect you and your company. There are many issues that can usually be considered as reasons serious enough to start litigation. For instance, disagreements about the performance of various contracts, non-payment of financial obligations, personal injury of the people hired by you, how to compensate an exiting shareholder or partner. Increasingly frequent are those of a financial and banking nature, either when assumed obligations are not respected or one of the parties requests a revision of a previous agreement. Intellectual property is another sensitive issue that can lead to dispute or conflict. Overwhelmed by problems and the tensions following the lack of solutions, the parties in conflict can overreact and without proper guidance can continue to increase tensions, with or without an expected litigation in perspective. Indeed the adversarial nature of litigation pushes the parties further apart! And as litigation can take 18 months or even more, expect a serious deterioration of the situation & the work ambiance to be directly affected. The role of commercial mediation services is to help you find quick and efficient solutions. The simplest case can be solved in a couple of hours and often at the end of the mediation, the parties are shaking hands, have come to an amicable agreement & can move on. In the case of a trial, the tensions and disagreements can continue for a long time after the decision is announced by the court. Instead of finding a common way of understanding, the legal procedures will only bring ‘justice’ with one winner and one loser. The advantage of mediation is that it’s always a win-win situation as the final solution is not imposed on the parties, but is arrived at as the result of open discussion and exploration of the issues. In most cases a common understanding & agreement is achieved. Commercial mediation services can save your business money by not having to enter into litigation & also can cut down on the time needed to achieve the desired result.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    The Mediation Partnership Ireland

    Uploaded by

    mediation_ireland
    31 views9 pages
    Many might have watched films about companies being sued by their employees or never ending court disputes - and some of them are cases taken from real life. What you will not find too often outlined by the media are successful cases when people are able to reach a beneficial conclusion for both parties through facilitative mediation. If you have a problem in your company serious enough to consider asking the advice of a solicitor, you may want to consider a commercial mediator as your first point of contact. Any solicitor is more than happy to expand his or her portfolio with a new litigation but it may cost you a lot of money and it will take a considerable amount of time until a conclusion can be reached. When it comes to lawsuits or arbitration, you delegate the responsibility of finding a solution to someone else, while the problems continue to affect you and your company. There are many issues that can usually be considered as reasons serious enough to start litigation. For instance, disagreements about the performance of various contracts, non-payment of financial obligations, personal injury of the people hired by you, how to compensate an exiting shareholder or partner. Increasingly frequent are those of a financial and banking nature, either when assumed obligations are not respected or one of the parties requests a revision of a previous agreement. Intellectual property is another sensitive issue that can lead to dispute or conflict. Overwhelmed by problems and the tensions following the lack of solutions, the parties in conflict can overreact and without proper guidance can continue to increase tensions, with or without an expected litigation in perspective. Indeed the adversarial nature of litigation pushes the parties further apart! And as litigation can take 18 months or even more, expect a serious deterioration of the situation & the work ambiance to be directly affected. The role of commercial mediation services is to help you find quick and efficient solutions. The simplest case can be solved in a couple of hours and often at the end of the mediation, the parties are shaking hands, have come to an amicable agreement & can move on. In the case of a trial, the tensions and disagreements can continue for a long time after the decision is announced by the court. Instead of finding a common way of understanding, the legal procedures will only bring ‘justice’ with one winner and one loser. The advantage of mediation is that it’s always a win-win situation as the final solution is not imposed on the parties, but is arrived at as the result of open discussion and exploration of the issues. In most cases a common understanding & agreement is achieved. Commercial mediation services can save your business money by not having to enter into litigation & also can cut down on the time needed to achieve the desired result.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Many might have watched films about companies being sued by their employees or never ending court disputes - and some of them are cases taken from real life. What you will not find too often outlined by the media are successful cases when people are able to reach a beneficial conclusion for both parties through facilitative mediation. If you have a problem in your company serious enough to consider asking the advice of a solicitor, you may want to consider a commercial mediator as your first point of contact. Any solicitor is more than happy to expand his or her portfolio with a new litigation but it may cost you a lot of money and it will take a considerable amount of time until a conclusion can be reached. When it comes to lawsuits or arbitration, you delegate the responsibility of finding a solution to someone else, while the problems continue to affect you and your company. There are many issues that can usually be considered as reasons serious enough to start litigation. For instance, disagreements about the performance of various contracts, non-payment of financial obligations, personal injury of the people hired by you, how to compensate an exiting shareholder or partner. Increasingly frequent are those of a financial and banking nature, either when assumed obligations are not respected or one of the parties requests a revision of a previous agreement. Intellectual property is another sensitive issue that can lead to dispute or conflict. Overwhelmed by problems and the tensions following the lack of solutions, the parties in conflict can overreact and without proper guidance can continue to increase tensions, with or without an expected litigation in perspective. Indeed the adversarial nature of litigation pushes the parties further apart! And as litigation can take 18 months or even more, expect a serious deterioration of the situation & the work ambiance to be directly affected. The role of commercial mediation services is to help you find quick and efficient solutions. The simplest case can be solved in a couple of hours and often at the end of the mediation, the parties are shaking hands, have come to an amicable agreement & can move on. In the case of a trial, the tensions and disagreements can continue for a long time after the decision is announced by the court. Instead of finding a common way of understanding, the legal procedures will only bring ‘justice’ with one winner and one loser. The advantage of mediation is that it’s always a win-win situation as the final solution is not imposed on the parties, but is arrived at as the result of open discussion and exploration of the issues. In most cases a common understanding & agreement is achieved. Commercial mediation services can save your business money by not having to enter into litigation & also can cut down on the time needed to achieve the desired result.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views9 pages

    The Mediation Partnership Ireland

    Uploaded by

    mediation_ireland
    Many might have watched films about companies being sued by their employees or never ending court disputes - and some of them are cases taken from real life. What you will not find too often outlined by the media are successful cases when people are able to reach a beneficial conclusion for both parties through facilitative mediation. If you have a problem in your company serious enough to consider asking the advice of a solicitor, you may want to consider a commercial mediator as your first point of contact. Any solicitor is more than happy to expand his or her portfolio with a new litigation but it may cost you a lot of money and it will take a considerable amount of time until a conclusion can be reached. When it comes to lawsuits or arbitration, you delegate the responsibility of finding a solution to someone else, while the problems continue to affect you and your company. There are many issues that can usually be considered as reasons serious enough to start litigation. For instance, disagreements about the performance of various contracts, non-payment of financial obligations, personal injury of the people hired by you, how to compensate an exiting shareholder or partner. Increasingly frequent are those of a financial and banking nature, either when assumed obligations are not respected or one of the parties requests a revision of a previous agreement. Intellectual property is another sensitive issue that can lead to dispute or conflict. Overwhelmed by problems and the tensions following the lack of solutions, the parties in conflict can overreact and without proper guidance can continue to increase tensions, with or without an expected litigation in perspective. Indeed the adversarial nature of litigation pushes the parties further apart! And as litigation can take 18 months or even more, expect a serious deterioration of the situation & the work ambiance to be directly affected. The role of commercial mediation services is to help you find quick and efficient solutions. The simplest case can be solved in a couple of hours and often at the end of the mediation, the parties are shaking hands, have come to an amicable agreement & can move on. In the case of a trial, the tensions and disagreements can continue for a long time after the decision is announced by the court. Instead of finding a common way of understanding, the legal procedures will only bring ‘justice’ with one winner and one loser. The advantage of mediation is that it’s always a win-win situation as the final solution is not imposed on the parties, but is arrived at as the result of open discussion and exploration of the issues. In most cases a common understanding & agreement is achieved. Commercial mediation services can save your business money by not having to enter into litigation & also can cut down on the time needed to achieve the desired result.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    1

    2
    3 4 5 6 7 8

    Welcome
    The Mediation Partnership
    Solving Commercial Disputes Without Litigation www.TheMediationPartnership.com

    9 10 11
    September 31, 2011 Lorem webdesign & development

    12

    Company profile
    Who we are
    About The Mediation Partnership
    The Mediation Partnership is a collaboration between accountant Colm Deignan & solicitor Dermot O'Rourke

    2
    3 4 5 6 7 8 9 10 11

    Logo

    Our mission
    To help businesses solve disputes, save money & maintain
    positive relationships by using mediation instead of litigation to solve disputes.

    September 31, 2011

    Lorem webdesign & development

    12

    Meet the team


    Colm & Dermot

    2
    3 4 5 6 7

    Colm Deignan
    Accountant
    Colm is an accredited mediator with the Mediators Institute of Ireland and a Chartered Accountant. He has spent over thirty years helping clients overcome problems. He was a partner in a large multidisciplinary practice in both audit and corporate finance.

    Dermot O Rourke
    Solicitor
    Dermot ORourke is an experienced mediator, specialising in matters that are legally, factually or emotionally complex. Dermot has a post graduate diploma in mediation and conflict resolution from the National University of Ireland and is an accredited mediator with the Mediators Institute of Ireland

    8 9 10 11 12

    September 31, 2011

    Lorem webdesign & development

    What is Mediation
    Mediation
    Mediation
    Mediation is a highly successful, cost effective and private form of dispute resolution.

    2
    3 4 5 6 7 8 9 10 11

    Mediation

    Mediation is a facilitative and confidential process in which a mediator assists parties to a dispute to attempt, on a voluntary basis, to reach a mutually acceptable agreement. Mediation is useful in a wide variety of conflicts particularly in the aftermath of an incident, and when emotions have eased enough that the parties can begin to negotiate and resolve

    the incident.

    September 31, 2011

    Lorem webdesign & development

    12

    What is a Mediator
    Mediation
    Mediator

    2
    3 4 5

    A Mediator is one who assists parties to reach a voluntary

    Mediator

    agreement to resolve their dispute whilst acting at all times in accordance with the principles of impartiality, integrity, fairness and confidentiality.

    6 7 8 9 10 11

    September 31, 2011

    Lorem webdesign & development

    12

    Mediation vs Arbitration/Litigation
    Mediation
    Mediation vs Other forms of solving disputes
    Arbitration is almost akin to litigation as both involve full legal discovery, witness cross examination and senior legal representation resulting in a lengthy process which is expensive, confrontational and adversarial.

    2
    3 4 5 6 7 8 9 10 11 12

    Mediation vs Litigation

    The arbitrator or the judge will decide who wins and who loses.

    In mediation the parties themselves decide the outcome and not the
    mediator. It is Non Adversarial. It is Speedy. It is Confidential. It is Cost Effective Everything which is discussed during the mediation, and any documents prepared specifically for the mediation cannot be used by any party outside of the mediation process.

    September 31, 2011

    Lorem webdesign & development

    The Best Timing For Mediation


    Mediation
    Timing
    The best timing for mediation is as early in the dispute as possible. If legal advisors have been engaged the mediation should take place before expensive discovery. Mediation

    2
    3 4 5 6 7 8 9 10 11

    Timing

    is always an option even if court proceedings have

    commenced.

    September 31, 2011

    Lorem webdesign & development

    12

    Our services
    The areas we provide services in are diverse and include

    2
    3 4

    Business & Commercial Disputes

    Employment Matters

    Insurance & Liability

    5 6 7 8

    Professional Negligence

    Property

    Financial
    10 11

    September 31, 2011

    Lorem webdesign & development

    12

    Contact Us
    Our contact information

    2
    3 4 5 6 7 8 9 10 11

    E-mail
    You can contact us at
    [email protected]

    On the web
    themediationpartnership.com facebook.com/TheMediationPartnership

    or me directly at
    [email protected]

    Our address 66 Fitzwilliam Square, Dublin 2, Ireland.

    Phone
    Colm: +353 1 703 7313 Dermot: +353 86 244 2513

    September 31, 2011

    Lorem webdesign & development

    12

    You might also like