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Mediation

Mediation is 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.  

By appointing a mediator, the parties can save 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
  • Family Disputes, Separation and Divorce
  • Debt Issues
  • Inheritance Matters

In relation to separation or divorce, the purpose of mediaton is not to attempt to reconcile the parties.  The intent is to help each party communicate productively and encourage co-operation to agree the terms on which they separate. 

The mediator has no authority to impose decisions but instead is there to facilitate communication.

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