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Litigation and Dispute Resolution

Mediation: An effective and cost efficient method of resolving commercial disputes

Caroline Crowley Eugene Davy Breda O'Malley Davnet O'Driscoll
Caroline Crowley Eugene Davy Breda O'Malley Davnet O'Driscoll

Hayes solicitors has four mediators, three of which are accredited mediators with the Centre for Effective Dispute Resolution, recognised as the leading mediation training centre. Breda O'Malley practices in the area of Commercial and Employment Law and brings her mediation skills to bear in those legal areas, amongst others. Eugene Davy is a Family Law practitioner and has been involved in many family law mediations. Caroline Crowley is a partner in our Healthcare Department and she enthusiastically pursues mediation as a value added benefit to her clients in her practice area. Davnet O’Driscoll is an accredited mediator to deal with workplace disputes and given her background in the employment law area this is a value added skill that Davnet can bring to her clients.

It is a natural and inevitable consequence of commercial life that occasionally disputes arise between previously amicable commercial parties. Traditionally such disputes have been dealt with by proceeding directly to Court. Litigation, however, is a very expensive method of resolving disputes. It also presents a drain on management time and resources. In response to these problems, alternative methods of resolving disputes have developed. One such method is mediation.

Mediation is a process by which an independent third party facilitates communications and negotiations by the parties in dispute so as to assist them to reach a mutually acceptable solution. Unlike arbitration or litigation the parties retain control of the process and a decision is not imposed on them by a third party, such as a Court or an arbitrator.

One of the most appealing benefits of mediation is its cost effectiveness. Mediation, if engage in at the early stages of a dispute, can be up to 70% cheaper than litigation. It is also a far speedier way to resolve disputes than litigation or arbitration. With mediation typically cases are dealt with within three to six weeks. However with arbitration and litigation, it can take a number of years to resolve a dispute. The speed at which a dispute can be resolved by mediation assists in reducing the management time spent on the matter.

Other benefits of mediation include confidentiality, privacy and the preservation of business relationships. Given that the parties do not become embroiled in protracted litigation but have the potential to arrive at a specifically tailored and mutually acceptable agreement, it is often the case that they can continue to work amicably together after the mediation process.

Mediation also enables parties to deal with issues and considerations beyond those of “legal rights” unlike in a litigation scenario where a court can only determine the merits of the legal claims. A mediator can facilitate the parties in dealing with any other issues of interest or concern between them in carving out an arrangement, to be reflected in a written agreement in due course, regarding any such arrangements.

At a recent seminar of the Irish Commercial Mediation Association, the results of a survey carried out among managing partners of more than 3,500 law, accountancy and other professional firms revealed that mediation is the preferred method of dispute resolution, followed by conciliation, arbitration and litigation.

In this challenging economic climate mediation represents a cost effective solution to commercial disputes, while minimising business distribution and the cost of management time.

To contact any of Hayes solicitors’ Mediators, their details are below:

Caroline Crowley,
Partner in the Healthcare Department
Email:

Eugene Davy,
Partner in the Family Law Department
Email:

Breda O’Malley,
Partner in the Employment and Commercial Departments
Email:

Davnet O’Driscoll,
Associate in the Employment Department
Email: