Mediation

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Mediation

Compromise is preferable to ongoing litigation which costs businesses time, energy and resources. At Mediate Today we have seen the destruction that prolonged legal cases can cause to your business. We offer a full mediation service that will help you reach a compromise when there is conflict with other parties or within your business. In our experience everyone who engages in mediation finds the process preferable to ongoing conflict or litigation. Remember there is no unconditional surrender in mediation. 

Why Mediate?

Studies show that over 90% of disputes are settled at the door of the court after a long period of time and an expensive and frustrating legal process. Alternative dispute resolution mechanisms such as mediation, arbitration and assisted negotiation are very effective when they are used to resolve commercial disputes. We know from experience that mediation is an efficient and effective way to resolve difficult business, banking or commercial disputes.

What type of dispute resolution mechanism should you use, Mediation or Arbitration?

Mediation involves using a third party to help you resolve your problem outside the court system. When it succeeds you can reach an agreement without recourse to the time, trouble and expense of litigation. We can advise you what type of mediation is best for your particular dispute. In some cases mediation is the best whereas in other situations arbitration, or a combination of mediation and arbitration may work better. Arbitration is a form of dispute resolution where the parties to a dipute refer it to an independent arbitrator who has the power to make a decision. Many commercial contracts contain a clause that obliges the parties to use mediation or arbitration.

 

Why is mediation our preferred solution?

Evaluative Mediation (where the mediator evaluates and suggests solutions) is our preferred method of solving disputes. We follow the EU Code of Conduct for Mediators and the Model Standards for the Conduct of Mediators 2005 as approved by the US Bar Counsel. We also follow the guidelines of the Mediation Bill 2012. We prefer mediation because it is faster, private and less expensive than litigation. Mediation is confidential and informal and the parties can determine the process and the outcome. It is non-binding until a final agreement is reached and it gives everyone the opportunity to vent their emotions. There are no hard and fast rules so tailored, creative solutions are possible. We believe this approach is most useful and is why to date we have a 98% success rate.

Assisted negotiation

Are you in the middle of a dispute? Do you need advice or assistance?

We can act to offer you assistance as part of our assisted negotiation service either with one or both parties, often as an agent of reality.

Our service can help you if you are having discussions about bank debt, shareholder disputes in a private company or employment law problems. In all cases we can work with you directly or with you and your legal team.

Our company has a 98% success rate with all our mediations and assisted negotiations since January 2014. We deliver an efficient and cost effective solution.

Debt resolution

Our debt resolution package is a service for individuals, groups, or SME businesses who are experiencing problems negotiating with institutions and resolving their debts. We successfully resolve debts by using experienced mediators who can assist you to negotiate and mediate with banks, creditors and other financial institutions. We use specialist legal advisors for legal opinions when necessary and we will work with you to provide a system of integrated support. We have 100% success rate in resolving our debt resolution cases through mediation and assisted negotiation.

Our Additional Tool - Our Mediators Recommendation

In the event that the parties do not reach agreement at the end of the above process, we generally propose our Mediator's Recommendation to both parties, as to where a settlement can take place with rationale and other persuasive techniques honed in the business world to convince both parties to settle. This Recommendation is not admissible in court should the parties not reach full settlement.

Why Settle or Resolve ?

Business people prefer to manage the risk themselves rather than entrust the risk to the vagaries of judge or jury. Litigation is expensive, takes a considerable length of time, involves a lot of aggravation and negative energy. Mediation protects privacy, better to settle to control your own fate.

Remember

The great bulk of commercial and banking conflicts should be settled rather than litigated or arbitrated. Secondly when successful mediation is over, its over. There is no appeal.

Do any of the problems or issues below concern you ?

Need for Debt Mediation, Personal Guarantee Mediation, Disputes between banking partnerships, disputes between multi-banked parties etc.

Mediation Bill 2012

Will require parties to be formally notified by solicitors of alternative dispute mechanisms. Our experience is that well handled mediation is the most effective way to handle difficult business, banking or commercial disputes.

Contact

Brian@Mediatetoday.ie +353 83 4263078 for our formal Mediation or Arbitration Agreements, Process and Rates.

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