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Mediation

In business, disputes can happen between owners, partners, shareholders or suppliers and often can be resolved internally.  If not, mediation can be a practical solution for keeping disputes out of the Courts. 

Where a dispute arises, the parties can appoint a mediator who will facilitate discussions in an impartial and non-judgemental manner, in an effort to encourage the parties to reach an agreement.  At John A. Sinnott & Co. Solicitors, we have always encouraged mediation.  However, since 7th October 2017, Irish Law imposes a statutory obligation on solicitors to ensure that mediation is considered by clients in a potential litigious dispute. 

Mediation can save businesses substantial sums of money on legal costs and keep their dispute out of the public domain.  The potential benefits far outweigh the risks involved in litigation costs. Unreasonable refusal to try mediation may result in legal cost penalties against the refusing party. 

Whilst court action is sometimes unavoidable, we strongly recommend that mediation should be considered at an early stage in an effort to resolve the dispute.  Mediation is part of what is known as ADR (Alternative Dispute Resolution) designed as an alternative to going to Court.  Other forms of ADR are Arbitration, Conciliation and Ombudsmen.

At John A. Sinnott Solicitors, we are available to facilitate all types of mediation and act as mediators for commercial disputes, such as:

  • Breach of trust between business partners
  • Breach of contract
  • Accusation of fraud
  • Debt issues
  • Breach of confidentiality

 

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