This week a family currently in a dispute over a farm and inheritance have indicated to the High Court they would be attending mediation as a means to resolve their dispute. 

Recently you can see more and more people choosing mediation first before litigation or arbitration and for good reason. 

In mediation with a help of a qualified and registered mediator you get to author a settlement agreement. This can be done in a day. 

This process is in stark contrast to litigation and arbitration where someone else makes the judgement and authors the outcome. 

Additionally mediation saves time, stress and finance. Litigation can take months. There is a certain backlog here but in the New Jersey  the divorce courts are backed up by six years. Imagine?

The dispute is over an 85 acre farm and house in Co. Kilkenny that they son claims he inherited in 2010 and legally transferred to him but this information was kept from him according to reports in the national media. 

These claims and more are denied by his mother. 

As mediation is both a voluntary and confidential process this is good option to choose for both parties involved. 

​If mediation does not work out despite its high success rate then parties can always return to court if needed to resolve the dispute. 

Mediation is being used more and more in Irish society to settle disputes and recently a 2018 report published by the Workplace Relations Commission (WRC) shows a marked increase in people engaging in mediation.

The report showed that there has been a 206% increase in mediation use compared to 2017. The great news is that there was a 64% success rate at the level of mediation with both parties being facilitated by a registered and qualified mediator achieving an agreement.

This was out of a number of 1,844 recorded mediations by the WRC.

More and more people it seems are seeking mediation and avoiding the cost of potentially lengthy, stressful and adversarial litigation. They know they get to have input on an agreement mutually achieved rather than someone else deciding for them.

So if mediation is proving successful for state agencies then more  and more private companies should try and explore the same path which can be fast and efficient, resolve disputes and totally confidential.

This is great information for SMEs now to know. 
 

If there is one stand you need to check out at this years Ploughing Championships its the one all about mediation which has come into law since Jan 1st of this year with regards to all disputes. The Mediators Institute of Ireland will be at Block 2, Row 11, Stand 243.

With over 300,000 people expected to attend this year Ploughing Championships to check out 1,700 exhibitors all of which connected in some way to agriculture is a great opportunity to promote all the benefits of mediation rather than litigation to the farming communities in Ireland. Mediation can settle disputes in private without cross examination and create an agreement that both parties’ author rather than a stranger.
 
Many more people need to know that The Mediation Act 2017 has come into power since Jan 1st 2018 and all legal proceedings now require that both parties consider mediation before going further. Litigation is very costly, adversarial and takes place in public with the press being able to report on proceedings.
 
Mediation on the other hand is confidential, collaborative through the facilitation of a qualified and registered mediator and you both get to author the final written agreement. Mediation is a process in which an independent, neutral Mediator assists two or more disputing parties in resolving the dispute in a collaborative, consensual manner.

“These benefits are now available to those living on family farms and working in agriculture. The Act makes mediation even more robust and reliable. As a result, parties involved in a dispute are more likely to opt for mediation before heading into court particularly as solicitors will now advise their clients to consider mediation,” stated President of the MII Sabine Walsh.  
 
In fact, the entire legal system in Ireland is changing culture, in that, mediation is going to be used as a first course of action in disputes more and more from now on. This is fantastic news as a dispute that goes through mediation can be done and dusted in a day.

Mediators specialising in separations and divorce can support both parties to get to a written legal agreement in a day and costing on average 2,000 Euros as compared to 20,000 Euros which has become roughly the norm. Therefore one can easily see the savings to be made for the family and also the reduction in potential heartbreak and stress of a long drawn out adversarial process.
 
The exact same process can be successfully applied to land disputes.

“This year for the first time the MII will have a stand at the Ploughing. We will be making a number of presentations on how mediation can deliver for farm families and those working in agriculture,” said Pat Finn, MII’s Agriculture Sector Liaison officer.
 
There is a list of qualified mediators on the MII website

Mediation can help to resolve family farm disputes and more info and qualified mediators will be available on the MII stand Block 2, Row 11, Stand 243.

In addition, MII will make a number of mediation information presentations on the stand at intervals over the 3 days. Make sure you catch one of these especially if you are a community leader in farming communities that could tremendously benefit from mediation rather than litigation to resolve all manner of disputes.

Mediation can also be used in disputes with banks.

The courts will be asking you to consider mediation first anyways so why not get the ‘heads up’ when you are at the Ploughing Championships this year.  

Pass this info on as you never know who would need it and it would be great if people left with the conviction to try and resolve their disputes through mediation.
 
This could save some people a lot of hardship and grief anything that can do that is always worth checking out.

The last few years have been an amazing journey from starting mindfulness training in Ireland with 20 people in Foxford 2013 to expanding to empowering over 2000 people as of this year. Add in 10 HSE hospitals to rave reviews and scoring 10/10 consistently. Mindful Beauty Days for HSE nurses.

The next stage of the journey is now mediation

Earlier this year, I am glad to say, mediation legislation came into law in Ireland. This means a mediator needs to be registered  and can be asked by the courts or called by the courts in cases. Many judges welcome the initiative especially when you think of the long process traditional legal routes such as litigation and arbitration can take.

Some commentators say the average legal costs of a divorce now in Dublin can be on average 20,000 Euros. This can take lots of time, stress and distress waiting for court dates. Whereas mediation by comparison can cost on average 2000 Euros a saving of 18,000 Euros and could be done and dusted with a legal agreement in a day. The process is also far less adversarial.

Mediators who do this work need extra training for divorce and separation in addition to their foundation training.

So disputes can be resolved in a fast and efficient manner. They say that 4 out of 5 mediation's succeed. Judges may send people to mediation now also prior to litigation to see if the dispute can be worked out through official mediation. The benefits of mediation are seen to also in the future reduce backlog in the courts.

For those who know me I am a bit of a fan of Dr Phil and I just love it when he asks arguing couples, 'Which do you want? To be right or happy?' But this can be applied a lot in disputes. Before they enter mediation each side can believe they are in the right and the courts is where you will get justice. To be frank people should not go to court for justice as you go to court for the law, for legal chess, and justice 'seen to be done'. Going for anything else can leave a person hurt, demoralised and possibly brokenhearted.

You go to mediation for a mutual agreement that both disputants design with the help of a qualified mediator.

This is the great thing about the Irish judiciary as they are the ones who are advocating mediation more than any other body in Irish society currently. They know the benefits and have seen the effects of financial ruin from litigation.

The mediation is a four part process which a qualified mediator guides both parties through.

• Story
• Issues
  
• Solutions
• Agreement

This is a consequential stage by stage process the registered and qualified mediator has training in safely guiding you through.

Personally I have been attracted to mediation as something that empowers people rather than dis-empowers them. People get to speak and get stuff off their chest without a clever barrister putting words in their mouth and cornering them through cross examination.

As a mediator you have to be centered, so my martial arts training gives me that, and silent at times so the disputants can negotiate an agreement or appeal to each others humanity. As many people who know me from my meditation training I can stay silent for hours if  I have too. Presence and being present is another aspect. Mostly its the deadlocks that have been destroying peoples wellbeing with stress diffusing. Mostly transformation alchemy.

You can witness the most profound transformations in mediations and put an end to a lot of suffering.