WHAT IS THE PROCEDURE
The procedure is straightforward. Broadly speaking, if a person or his or her solicitor feels that mediation will assist in that person's difference of opinion, negotiation or dispute, the solicitor or the person will make contact with a mediator or mediation organisation who will inform them of the procedure but will strictly not discuss the issues in dispute with them. The mediator or that party may then make contact with the other party or parties inviting them to mediate.
Alternatively, solicitors for opposing parties before commencement of, or during litigation, may have agreed to mediate. A judge during the course of litigation may have adjourned a case to facilitate mediation.
Once mediation has been decided on, and a mediator or a mediation services provider (such as the Rea Group) has been chosen, the mediator or mediation organisation will case manage the case having spoken to the parties. This process involves the necessary preparation for the actual mediation. It includes everything from assessing and organising the most suitable venue acceptable to both sides to drafting and having signed the preliminary agreement to mediate which contains the ground rules for the mediation. The issue of costs appropriate to the dispute or disagreement in question is discussed and agreed.. Also it can include the furnishing of any necessary paperwork to the mediator such as pleadings where litigation has commenced or otherwise a preliminary statement of the issues.
In the case of the Rea Group, the case management is done by Frairy Law so that the actual mediator is in a position to just come along on the day with no risk of having been 'tainted' in any way beforehand. Furthermore, due to the fact that it is of course desirable that the mediator has a background knowledge of the type of dispute – employment, construction etc. - and because Rea Group has a range of mediators with various skilled backgrounds, it becomes possible for the disputing parties to have a mediator, or possibly even two co-mediators, who will provide the best possible service in the particular circumstances.
Once everything for the mediation is organised and in place, the parties, with or without their solicitors, and the mediatior turn up on the day and proceed in accordance with all the pre-arranged details. Each side will have their own comfortable room, toilet facilities, access to snacks etc.. The mediator will have private sessions with each side or see both sides together as and when appropriate – all the time 'nudging' them towards a resolution.
When dealing with the Rea Group, the first thing is to phone Elena on 062/52166 or email her at elena@reagroup.ie.
