Alternative Dispute Resolution

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Mediation is a process in which an impartial and independent third part facilitates communication and negotiation between parties to a dispute. It promotes voluntary decision making and mutual acceptance in an arena that is geared towards resolution without conflict.

We recently completed a mediation regarding a dispute between a client and a builder in relation to unfinished works and allegations of unsatisfactory works. This type of case could have cost anything up to €100,000 if it went to court. Fortunately the parties, having been made aware  of the benefits of mediaton opted for it. They were made aware by the mediator of the potential cost of going to court and the possibility of coming out of court with an unsatisfactory decision. They were prepared to discuss each issue with a view to arriving at a resolution and an agreement was entered into to rectify issues and to complete the construction, which was to be approved by an independent architect. This was a very satisfactory result for both parties. Furthermore, it was an immediate result rather than having to worry and wait for a court to deal with such a matter. Many are of the opinion that a Court is unsuitable to resolve numerous types of dispute that are more appropriately dealt with in mediation.

Mark Keller is an accredited mediator and is available to answer any questions that you have. Please feel free to call him on 051 840004 or email him.

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