Mediation Services

Mediation is a is a voluntary process where parties in a dispute mutually agree to meet with a professional, impartial mediator. The mediator guides parties in exploring potential resolutions to their dispute and collaborates with them to determine the outcome.

The main role of a mediator is to be impartial, treat all parties fairly and manage the mediation process.

They facilitate parties to communicate effectively and consider the issues with a view of parties mutually agreeing the outcome to the mediation.

All mediators are governed by the Mediation Act 2017. In addition, our mediators are bound by the Mediators Institute of Irelands (MII) Code of Ethics and Practice, of which they are all members.

There is a steady growth in the use of mediation services to resolve disputes, rather than going to Court or Arbitration, where a third party decides the outcome based upon a presentation of the facts and law.

The benefits of Mediation include:

Control:  You maintain control over how you choose to resolve your dispute, and a third party does not make that decision for you.

Flexibility: In mediation, you have much more flexibility than you do in Court. A court operates under strict rules of civil and criminal procedure and rules of evidence. Mediation does not.

Voluntary Process: Mediation is a voluntary process.  At any stage you, or indeed the mediator, can decide the mediation is not productive and stop the process.

Confidential: Parties to the mediation, including the mediator, agree not to disclose information arising in mediation, Limits to confidentiality arise when required by law under section 10(2) of the Mediation Act 2017.

Speed: Frequently, parties can resolve disputes within a matter of hours or days, rather than extending over months or even years.

Relationship Building: Mediation is interest based and is designed to help parties better understand each other. It helps to find avenues for solution that they are both happy with.

Options:  If Mediation fails, you can still explore other avenues to resolve your dispute such as the Court process.

Cost: Mediation is free.

At Community Law & Mediation, we provide mediation services to a wide range of cases, including the following:

NOTE: we do not handle Parental or separating-couple cases, please contact your local Family Mediation Service for assistance.

Neighbourhood Disputes:

– Noise complaints (related to pets, children, events, quiet hours, construction…)

– Disagreements over shared spaces or fences.

– Conflict over pets’ roaming or waste.

– Issues with neighbourhood associations.

– Issues around community events.

– Conflicts over neighbourhood rules.

– Disagreements between long-term residents and new residents.

Community Disputes:

– Disputes within community groups, clubs, or charities.

– Disputes over the use of public spaces (parks, playgrounds, sports fields…)

– Conflict around access to shared community spaces (community centres, libraries…)

– Conflicts over responsibilities/ expectations in community projects.

– Disputes over public art (murals, graffiti, public art installations…)

– Disputes over online harassment, spread of misinformation impacting community members.

Tenant and landlord disputes (we are willing to take on these cases if they are presented to us by the tenants):

– Rent issues.

– Property maintenance.

– Lease.

– Conflict over house rules and expectations.

School-related Disputes (We currently do not take on cases where the student/ a minor is one of the disputing parties):

– Disagreements between teachers/ school staff and parents.

– Special education or disability-related issues.

– Facilitating interventions between schools and family.

Family Disputes (we do not handle Parental or separating-couple cases, please contact your local Family Mediation Service for assistance):

– Disputes between siblings.

– Conflict between parent and adult children.

– Conflicts over care of a parent.

– Grandparent access.

– Dispute between extended family members.

– Communication issues over property or inheritance.

Workplace Disputes (We accept cases from charities, and small businesses if the inquiry is made by the employee):

– Conflict between coworkers.

– Conflict between employee and employer.

– Disagreements over job roles/ responsibilities.

– Non-legal harassment or discrimination concerns.

Environmental Disputes:

– Disagreements about air, water, or noise pollution.

– Conflicts over waste disposal methods or locations.

During mediation , you will need to be willing to work to resolve issues and to work through your difficulties. You should expect to discuss your position and try to listen to the other party too. You will have an opportunity to voice concerns and to speak without interruption.

CLM employs a co-mediation model, involving two mediators in the mediation sessions. Mediation begins with the mediators meeting both parties separately to explain mediation. This enables each party to discuss the issue(s) that require addressing. It allows them to determine what they would like from mediation. Once both parties agree to proceed a further meeting is arranged and the process begins.

At this point, parties will sign an Agreement to Mediate. This agreement explains the ground rules for parties involved, how and when the mediation process will be conducted.

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Mediation is a voluntary and confidential process. During mediation, the mediator acts impartially to help the parties come to a resolution of their choosing.  At no time will it be the role of the mediator to determine facts, make a judgement of law. They will not otherwise impose their solution in any mediation. Mediators work in a “non-directive” manner, facilitating better communication and understanding between the parties.

This helps them to explore possible solutions to their dispute and then assisting the parties in drawing-up a written agreement. This agreement states the terms and conditions upon which they have decided to resolve their dispute.

Mediation can often be completed in a single session or even two sessions. However, it all depends on the type of dispute, its complexity and the willingness of the parties to seek to resolve their differences in a calm and relaxed setting.

The mediation of some disputes can take only a few hours, while others often involve several shorter sessions spread out over a number of weeks. The most one can expect would be six sessions with the mediator to thoroughly resolve all issues.

Generally speaking, up to 80% of all cases submitted to mediation do settle.

However, there are some that do not. If you fail to reach a conclusion during mediation you still have the right to resort to Court or Arbitration if those avenues are available to you.

Both parties prepare and agree upon an interim mediation settlement while going through the mediation process.

This interim mediation settlement is subject to change and therefore is not enforceable at this point. As parties approach the end of the mediation process, they draw up a final mediation settlement.

During the mediation process the mediator works with the parties to help them develop a mediation settlement agreeable to them.

There is significant emphasis placed on how parties will interact in the future, especially if there is an on-going relationship between both parties.

Once parties have mutually agreed on and drawn up the contents of the mediation settlement, the mediator will ensure that they are aware of their rights to obtain independent advice (including legal advice) before signing any mediation settlement.

The parties to the mediation have the exclusive authority to determine if they have reached a mediation settlement and whether it is enforceable. However, if the parties mutually agree that the mediation settlement has no legal force until they incorporate it into a formal legal agreement or contract to be signed by them, it will function as a contract between parties, in accordance with Section 11 (2) of the 2017 Mediation Act.

Once a mediation settlement is agreed, either party can apply to the Court to have the mediation settlement enforced. The Court will do so unless there are any concerns that the Mediation Settlement does not comply with section 11(a)(b) of the Mediation Act 2017.

As we provide a free mediation service to the community, we offer all clients an opportunity to make a voluntary donation to the service when their mediation sessions are coming to a close.

However, in a mediation case, each party must pay a ten euro refundable deposit unless there are exceptional circumstances for not doing so.

The party receives a refund of this deposit at the end of their case unless they have canceled their mediation session three times or have not given at least 24 hours’ notice for a single cancellation.mediationadmin@communitylawandmediation.ie

If you would like further information, or if you are involved in a dispute, please contact our Mediation service at 01 8477804, or email MediationAdmin@communitylawandmediation.ie.