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What is Mediation?

Like arbitration, mediation is an informal method which can be employed to settle disputes outside of Court.

A mediator is an individual with a neutral position, who is appointed with the consent of both parties. The mediator will work with both parties in an attempt to reach a fair agreement. The mediation process is entirely confidential, and each case is treated fairly. This method can be used for property disputes, debt disputes and contractual disputes for example.

Types of Mediation

A wide range of private and commercial clients use mediation as a form for resolution.

  • Commercial disputes
  • Business partnership disputes
  • Construction disputes
  • Breaches of contract
  • Welfare disputes
  • Professional negligence
  • Medical negligence 
  • Family disputes
  • Inheritance-Will disputes
  • Divorce disputes
  • Child maintenance disputes

  • What to expect from the Mediation Process

    Mediation is an informal and unstructured procedure; it generally begins with.

  • The proposal to mediate, followed by a discussion among the conflicting parties and reached with an agreement to mediate.
  • Both parties will then select and agree upon an individual who will take on the role of mediator.
  • Then the time, location and cost of the mediation will be settled between parties.
  • Initial meetings will be conducted, this will be to identify the central issues that needs solved, organising the documents for the mediator to access, and the initial agenda.
  • on the first day of Mediation, both parties may proceed with a joint session to present the issues before the mediator. They can be accompanied by their solicitors, and any relevant witnesses.
  • This will be followed by private sessions between the Mediator and each party and their potential solicitor.
  • The mediator may conduct further joint sessions if necessary to reach a mutual agreement.
  • The terms of settlement will be presented by the Mediator and agreed between the parties, this will then be recorded and signed by both parties in a written agreement.
  • The written agreement represents a new contract between the parties.

    When can mediation be used?

    Mediation can be used in cases to minimise the cost attached to settling a dispute. It is effective in cases that require speedy settlement.

    Mediation is also a positive alternative with clients who are business partners and wish to maintain their business relationship. This is more possible to achieve through mediation due to it is informal and out-of-court nature.

    Ultimately, mediation aims to achieve a mutual settlement for the interests of both parties and their business interests, rather than presenting and conforming to their legal obligations.

    When can Mediation be explored during a dispute?

    Mediation can be used at any stage of a dispute. It can be the first option that parties pursue if they wish to reach an informal settlement out of court, then mediation would be the best option. Mediation can also be used during arbitration, both parties have the right to discontinue arbitration and seek mediation, if they wish to reach a settlement sooner.

    How We Can Help

    At PA Duffy& Company we can provide you with our expert advice during this period, we can help you understand the benefits and hardships of mediation and the resolution process.

    Mediation cases often involve sensitive cases such as family, business relationships and welfare regardless of the case we will handle your situation with confidentiality and fairness. Please complete our enquiry form and we will reach out to you as soon as possible.

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    Call us now on 028 8772 2102 (UK) / 01 533 7860 (IE)

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      Just wanted to say a very big thank you to solicitor Enda McGarrity of P.A Duffy Solicitors.
      Once again I cannot fault the competence and skill expected of his professionalism.
      Enda represented myself at a meeting I was absolutely dreading and reluctant to attend. His quality, efficiency, and sense of humanity before during and after this meeting was outstanding.
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      First time using PA Duffy for a property sale/purchase and Emma McCaul was fantastic. Would definitely recommend.
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      Seanin dealt with everything in a professional confidential manner nothing was ever a bother. TOP CLASS SERVICE.
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      I contacted PA Duffy after an accident and was delighted with the service I received it was first class. Seanin Somerville could not have been any better with her professional, friendly and helpful manner nothing was too much trouble and the case was dealt with quickly with regular updates. I would highly recommend this company and thank them and specifically Seanin for their help.

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      Steven Hull
      I would like to thank the various staff of P.A Duffy for their help and guidance through a very difficult stage of my life, Judith, Sinead and Danielle for their kindness and professionalism in navigating me through the process and to the eventual outcome which I was delighted with. I would highly recommend them.
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      Despite the language barrier, everything went well with the help of an interpreter.
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      From calling PA Duffy for help we cannot fault the efficiency and professionalism we was given. We cannot thank Sinead Willox enough for all her help and reinsurance. No matter what time of day or night, she was there to guide us through everything . No problem big or small she puts her full effort into helping us through it. After the bad experience we had with other solicitors she really reassured us through the difficult times we were experiencing . For sure!! PA Duffy will be the only people we would call on for help . Thank you so much!
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      Handled the sale of a building site for me and i definitely would recommend this firm to anyone. Kieran and Jenny were really helpful and made the whole experience stress free.
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      Kieran and Jenny helped us enormously whilst buying our new home during lockdown. Any problems that came up along the way were professionally dealt with and we got moved into our new home last summer. Would highly recommend them to anyone.
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      Enda represented us recently with a judicial review case when our SEN son was de-registered from school without our consent and from initial contact was made, right through to case hearing date, we received a truly professional service and good, solid, honest advice. Enda fast tracked our case to try to reduce the detrimental impact of having no access to education with all schools over-subscribed and was in contact regularly for information and preparing the paperwork. We were updated at every stage and for the first time in a very difficult process of SEN assessments and being phobed of by EA, felt we were supported and kept on right track. Highly recommend.
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      Absolutely top class service from Kieran, Emma & the team at PA Duffy. Have used them for a number of property transactions and regularly recommend them to others.
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      From the minute I first contacted Seanin, I was totally assured of her competence and professionalism. She was always available and very efficient in all my correspondence and dealings with her. Besides being incredibly knowledgeable, Seanin was also very friendly and put me entirely at ease, explaining the process every step of the way. I would highly recommend Seanin and the firm to anyone. Thank you so much for all.
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      My experience with PA Duffy Solicitors was brilliant, they were so helpful and could see that my family and I had been through an awful time – they were so friendly and professional and got the job done! 100% get my recommendation
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      This is an excellent service. I would like to sincerely thank Conal for his kindness, professionalism and ability to communicate and break down all the legal jargon to help me during a very stressful period in my life. I would highly recommend this lawfirm to anyone.
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      Sinead Willox is the best Solicitor I could ask for. Thanks for everything you have done for me since we met. As I said you are the best.

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      T Newell
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      A very professional law firm. Special thanks to Seanin, very friendly and kind. Very efficient and quick communication. I highly recommend
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      Used for conveyance, found both Kieran and Jenny in particular very efficient to deal with.

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      Mediation was last modified: May 17th, 2022 by Conal McGarrity