Mediation has transformed into one of the most desirable mechanisms for Alternative Dispute Resolution (ADR) in many countries, Ireland included. A neutral and outside intermediary aids the procedure, ensuring that there is an effective dialogue and arbitration, with the overall focus to reach an unbiased consensus between the disagreeing parties.
Mediation is conducted fairly and there is no obligation on any of the involved parties to accept the suggested resolutions by the mediator. Additionally, mediation prioritises privacy, cuts legal bereaucracy and promotes friendly resolution of conflict. It occurs with no leeway for prejudgment. This differentiates it from litigation whereby rivalry and enmity are common due to sophisticated, time consuming and expensive procedures.
It's generally advisable to use the mediation route as the first option in resolving a dispute. This will help to relieve pressure on the Court of Law and saves time and money for both parties. Mediation is designed as an organised procedure whose goal is to give personalised justice for anyone involved. The legal system in Ireland is currently overloaded and can get the much-needed reprieve from out-of-court resolutions such as mediation. The widespread use and inclusion on a larger scale of these alternative approaches is such a critical pertinence to the country.
Reasons for Requiring ADR in Ireland
After the United States, the Republic of Ireland has the highest number of court cases. Considering how much smaller Ireland is, and its scarce economic resources and that the country is going through a financially challenging period due to Brexit, it it's very critical to solve legal matters using alternative methods like mediation. There is an age-old adage, that goes, “Justice delayed is justice denied”. This generally applies to Ireland’s judicial system—the average interval required to resolve a case is nearly two years. Clearly, mediators who can assist in charting mutually beneficial courses when there is an impasse between involved parties are a must in Ireland.
A significant number of the most esteemed Irish court judges have embraced the mediation route and frequently recommend it in a bid to try to decongest the current load of yet to be settled lawsuits.
A dispute occurs when a clash of at least two parties is unsettled. To encourage fairness and justice, several possible resolutions or further interrogation should be employed. It's undeniable that in certain instances, genuine justice is only attainable through the High Court. However, in a large number of cases the resolution can be as simple as a request for forgiveness, admission of guilt or a small financial settlement. Therefore, there is need to review each case independently to ascertain the suitable channels to follow in pursuit of justice.
Benefits Associated with Mediation
- There is a consensus between many legal practitioners that disputes solved via the effective route of mediation lead to less monetary investment.
- Furthermore, mediation comes with an impressive capability to work in cooperation with the Civil Justice system.
- Mediation enables all involved parties to contribute actively at every level on the road to resolution.
For more details and assistance regarding mediation issues in Ireland, you can reach out to our expert consultants. Our highly experienced and well-informed team is ready to answer all your questions and give you all the help you might need.