Oct 13, 2010 – Mediation in medical negligence cases will enable the resolution of disputes in a more timely, confidential and economical manner than the current system which places huge burdens – personal, psychological and economic – on all of the parties involved. Mediation provides a method of resolution that has less risk and can provide satisfaction within a period of time that such satisfaction has real meaning. …[Read More.....]
Mediation in Medical Negligence Cases. (Part 1)
Sep 13, 2010 – If one of the parties involved in any Personal Injuries litigation requests a Mediation Conference and the Court thinks that it would assist in reaching a settlement then it can be ordered by the Court. If the Mediation succeeds that will bring a quick and relatively inexpensive conclusion based upon an agreement entered into by the parties themselves – with the assistance of the Mediator. In terms of Mediation in Medical Negligence cases two particular legislative provisions immediately come to mind: Section 62 of the Medical Practitioner Act, 2007 and Sections 15 & 16 of the Civil Liability and Courts Act, 2004. …[Read More.....]
Family Mediation – How it works in Practice. (Part 2)
Sep 13, 2010 – Family Mediation is assisted negotiation wherein the Mediator is a neutral third party who will neither take sides nor give legal advice – s/he will endeavour to guide and facilitate the parties in coming to their own agreement. Family Mediation is structured but flexible and not overly formal; it is voluntary and there are no sanctions in the event of an agreement not being concluded; it is totally confidential. …[Read More.....]
Family Mediation – A Better Approach. (Part 1)
Aug 15, 2010 – Family Mediation processes naturally lend themselves to resolution of the various issues that arise in Separation or Divorce – and/or to these various issues separately, like maintenance, access etc. Family Mediation is not some sort of pseudo-counselling process: it is formal, structured and issues-focused. Family Mediation is fast, effective and cost-efficient. Engaging in a Family Mediation process at an early stage with the parties centrally involved can bring about a result months, if not years, earlier. …[Read More.....]
Mediation should be used more to resolve workplace conflict
Jul 13, 2010 – Employers are failing to embrace mediation to help resolve conflict in the workplace despite the role it can play in helping employers avoid the significant costs associated with such disputes, according to a new report. Mediation can help two disputing parties identify what is at the root of their disagreement, what they need to happen to resolve matters or move forward and any changes or compromises they are prepared to make in their behaviour or attitudes. …[Read More.....]
What Mediation will mean in Practice and for your Practice.
May 15, 2010 – Mediation is going to be a significant process for practitioners into the future, especially in view of the fact that the Court can now instruct/recommend parties to mediate. If the right attitude and approach is taken by the legal profession then this can certainly be a positive development for your practice and for your business. It is interesting to see the experience from the USA where Mediation has been in active use for many years. …[Read More.....]
How to act in a Mediation.
Apr 15, 2010 – The demand for mediation is on the rise, and is been driven by clients wishing to reduce costs and time. This is especially true in view of the fact that the Court can now instruct/recommend parties to mediate. This is a new area for legal practices, and can have a positive effect on your practice. …[Read More.....]
Mediation – A New Area for Solicitors and Barristers
Apr 13, 2010 – Mediation is quickly becoming established as a new process of dispute resolution and accordingly there are misperceptions and lack of knowledge as to how it actually works in practice, what it will mean for the practitioner and their role in a mediation. Most are aware that there have been many recent regulations and recommendations and that Courts are increasingly directing mediation in many disparate cases. …[Read More.....]
Top judge pushes for Mediation instead of Litigation
Mar 13, 2010 – The Chief Justice has appealed to the Government to promote mediation as an alternative to costly court litigation. Mr Justice John Murray said such a move would generate social and economic savings. “It is a governmental task,” said Judge Murray, who also revealed that new rules were being considered that would enable judges to facilitate mediation in all forms of civil disputes that came before the courts following the success of mediation in the Commercial Court and in competition law. …[Read More.....]
Mediation could save State €200m
Apr 13, 2010 – UP TO €200 million could ultimately be saved by the use of mediation instead of litigation by State bodies , according to a study of the State’s legal spend. The study was conducted by Michael Gorman of the legal training organisation, Friarylaw, and the results were presented to a symposium on mediation it organised in Trinity College yesterday. Mr Gorman took as his starting point the recommendation in the McCarthy report that there should be compulsory mediation of legal disputes involving State bodies. He undertook an audit of public body legal spend, based on 437 Freedom of Information requests, and examined the results in the light of a programme in the US state of Oregon which used mediation instead of litigation in disputes involving the state. This model demonstrated savings of up to 85 per cent of litigation costs. …[Read More.....]