Mediation is a confidential process, which is driven by the parties, who participate voluntarily and in good faith. It is a means of resolving issues that have arisen, leading to dispute or conflict, facilitated by a mediator. The mediator’s role is to facilitate and encourage open communication and full-disclosure between the parties in an atmosphere of co-operation and responsibility, to reach an agreement that they both find acceptable. Mediation creates a platform for non-adversarial discussion and, hopefully, leads to a better understanding of the nature of conflict such that similar disputes could be avoided in future.
“Could a greater miracle take place than for us to look through each other’s eyes for an instant?” – Henry David Thoreau
What kinds of conflict can ARC help me resolve?
Our mediators have a range of skills and experience applicable to many kinds of disputes but we specialise in resolving the following:
- Agreeing terms for divorce and legal separation
- Resolving probate disputes where a will has been contested
- Agreeing terms for the care of elderly relatives – “elder mediation”
- Agreeing succession plans for family-run farms (to meet Teagasc recommendations)
- Mediating where there are issues of capacity, including wardship & enduring power of attorney (EPA). ARC has successfully resolved disputes involving going-concern family businesses where an owner of the business no longer has capacity. Justice Peter Kelly outlines why mediation may be successful in such scenarios in this Law Society interview.
- Improving communications between employees in dispute
- Facilitating cooperation between business owners in dispute
- Creating workplans with work colleagues who are no longer cooperating or working together effectively
- Negotiating settlements for employees exiting your workforce, including in cases where there’s existing litigation under employment law.
- Agreeing settlements for breach-of-contract disputes
- Agreeing settlements for personal injury litigation
- Resolving shareholder/partner disputes
- Negotiating buy-ins and buy-outs of business relationships
- Agreeing succession-plans for businesses