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.
2. 1
Company profile
2
Who we are
3
About The Mediation Partnership
The Mediation Partnership is a collaboration between
accountant Colm Deignan & solicitor Dermot O'Rourke
Logo
4
5
6
Our mission
To help businesses solve disputes, save money & maintain
positive relationships by using mediation instead of litigation
to solve disputes.
7
8
9
10
11
September 31, 2011
Lorem webdesign & development
12
3. 1
Meet the team
2
Colm & Dermot
3
4
5
6
7
Colm Deignan
Dermot O’ Rourke
Accountant
Solicitor
Colm is an accredited mediator with the Mediators’
Dermot O’Rourke is an experienced mediator,
Institute of Ireland and a Chartered Accountant. He
specialising in matters that are legally, factually or
has spent over thirty years helping clients overcome
emotionally complex. Dermot has a post graduate
problems. He was a partner in a large multi-
diploma in mediation and conflict resolution from
disciplinary practice in both audit and corporate
the National University of Ireland and is an
finance.
accredited mediator with the Mediators’ Institute of
8
9
10
11
Ireland
September 31, 2011
Lorem webdesign & development
12
4. 1
What is Mediation
2
Mediation
3
4
Mediation
Mediation is a highly successful, cost effective and private
form of dispute resolution.
Mediation
Mediation is a facilitative and confidential process in which a
5
6
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
7
8
the aftermath of an incident, and when emotions have eased
enough that the parties can begin to negotiate and resolve
9
the incident.
10
11
September 31, 2011
Lorem webdesign & development
12
5. 1
What is a Mediator
2
Mediation
3
4
Mediator
5
A Mediator is one who assists parties to reach a voluntary
Mediator
agreement to resolve their dispute whilst acting at all times in
6
accordance with the principles of impartiality, integrity,
fairness and confidentiality.
7
8
9
10
11
September 31, 2011
Lorem webdesign & development
12
6. Mediation vs Arbitration/Litigation
1
2
Mediation
3
Mediation vs Other forms of solving disputes
4
Arbitration is almost akin to litigation as both involve full legal discovery,
witness cross examination and senior legal representation resulting in a
5
lengthy process which is expensive, confrontational and adversarial.
Mediation
vs Litigation
The arbitrator or the judge will decide who wins and who loses.
6
In mediation the parties themselves decide the outcome and not the
7
mediator.
• It is Non Adversarial.
8
• It is Speedy.
9
• It is Confidential.
• It is Cost Effective
10
Everything which is discussed during the mediation, and any documents
prepared specifically for the mediation cannot be used by any party
11
outside of the mediation process.
September 31, 2011
Lorem webdesign & development
12
7. The Best Timing For Mediation
Mediation
1
2
3
4
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
Timing
is always an option even if court proceedings have
commenced.
5
6
7
8
9
10
11
September 31, 2011
Lorem webdesign & development
12
8. 1
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
9
Property
Financial
10
11
September 31, 2011
Lorem webdesign & development
12
9. 1
Contact Us
2
Our contact information
3
4
E-mail
On the web
You can contact us at
themediationpartnership.com
cdeignan@themediationpartnership.com
facebook.com/TheMediationPartnership
5
6
or me directly at
dorourke@themediationpartnership.com
7
8
Our address
Phone
66 Fitzwilliam Square,
Colm: +353 1 703 7313
9
Dublin 2,
Dermot: +353 86 244 2513
10
Ireland.
11
September 31, 2011
Lorem webdesign & development
12
