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What is your success rate to date?

To date we have 98% success rate. Our case studies page outlines some of our recent cases. We have handled many different types of problems including bank debt mediation, a dispute between a client and an accounting firm, unfair dismissals and a planning appeal dispute.

 

Are you mediations private and confidential?

Yes, and all out settlement agreements have strict confidentiality and no harm clauses.

 

What is the typical cost of a mediation?

We charge a fixed amount per hour which is for all preparation and attendance time.

 

What two things are important for a successful mediation?

We need a detailed submission before a mediation and a meeting all parties separately before the mediation starts. We also need to meet with the key decision makers involved in the dispute and require that they attend the mediation sessions.

 

What type of mediations are you currently working on?

We have two shareholder dispute mediations. We have one revenue dispute mediation and two bank debt mediations.

 

Do you always resolve or attempt to resolve your mediation at one sitting?

No, we would not always attempt to resolve a dispute in one session. It depends very much on each individual situation. Our goal is to achieve an outcome acceptable to both parties and often one of parties can require more time than the other. Some of our mediated disputes can last 3 to 6 months.

 

Can you deal with multi-party disputes?

Yes we can and do. Our longest mediation to date was a complex multi-party dispute in Paris, France. It lasted 18 months and involved 4 sets of lawyers.

 

Do people continue to litigate when in mediation?

Yes sometimes. Occasionally one of the parties will continue to litigate to protect their position. Upon reaching a mediated agreement all litigation and associate costs are dealt with in the settlement agreement. 

 

Do you always open in joint session?

No. Generally we do not open in joint session. We have found that opening in joint session often hardens the positions of the parties, takes additional time and does not assist the resolution of the process. Our experience is that the Irish business culture is better suited to opening in separate session. 

 

Do you draw up a settlement agreement at the end of the mediation?

Yes we always draw up a settlement agreement at the end of our mediations. The agreements are comprehensive and detailed and cover any and all points of dispute.  

 

Does mediation involve the use of solicitors?

Some do and some don’t. When legal representatives are present, we insist that the principals are the ones who ultimately make the decisions. We are happy to work with all the parties to a dispute including their advisors. We carry out many mediations where the legal representatives are not directly involved. 

 

How do you get further information?

Best way - call me at 083-4263078, alternatively email me at Brian@mediatetoday.ie. We do not charge for an initial consultation. 

 

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