Our attorneys are highly experienced at advising on mediation issues and attending mediations with clients to support them through the process. We also have extensive experience of acting in a mediator capacity and our expertise in all areas of family law means that we can offer unique understanding and insight in helping to resolve disputes.
There are many benefits to engaging in mediation, including the following:
- The process gives parties greater control over their own situation and their own outcomes.
- It is less confrontational than normal negotiation or litigation through the courts.
- It is voluntary and you can withdraw whenever you wish.
- It is confidential and all discussions are without prejudice.
- It is also a much cheaper option than litigating through the courts.
When can you
In accordance with the Mediation Information and Assessment Rules, 2020 the courts must consider at every stage of the litigation process whether non-court dispute resolution is appropriate in a case. Unless a valid exemption is claimed, the court will require the parties to attend a Mediation Information Assessment Meeting (MIAM) to provide the parties with information on the mediation process and to determine if mediation could assist in their case.
What Happens if Agreement is reached at Mediation?
If the parties reach agreement these terms are recorded by the mediator in a Memorandum of Understanding. In order to make any agreements reached in mediation binding you will need to take the Memorandum of Understanding to your attorney who will draft a consent order to put before the court for approval by a judge.
Other forms of Alternative Dispute Resolution (‘ADR’)
There are lots of types of ADR other than mediation. As an alternative to court proceedings, parties can also resolve any family disputes by way of arbitration, early neutral evaluation, or by taking a collaborative approach via attorneys.