Questions about mediation

Mediation is a process where an impartial mediator helps people in dispute communicate, discuss their concerns and explore possible solutions.

The mediator doesn't decide who's right or wrong, and the parties remain in control of whether they reach an agreement.

No. In court, a judge determines the legal dispute. In mediation, the parties have an opportunity to work towards their own agreement with the help of an impartial mediator.

Mediation is generally voluntary. Although a court may encourage mediation or make relevant procedural orders, the mediator cannot force anyone to agree to a settlement.

Mediation may suit disputes where everyone is willing to take part, especially where an ongoing relationship matters: as colleagues, neighbours, adult family members, landlords and tenants, or business partners. It is not suitable where someone is at risk of harm or cannot speak freely. Getting in touch is a good place to explore this.

Then mediation cannot go ahead. You can come back to it later if circumstances change.

Once everyone has agreed to take part, we can find a time that suits everyone.

That depends on the nature and complexity of the dispute, the number of people involved and the issues being discussed. Practical arrangements can be considered during the initial enquiry.

Not necessarily. Some discussions may take place together, while others may happen separately, depending on the circumstances.

An agreement isn't guaranteed. If mediation doesn't resolve the dispute, the parties may still have other options available to them, including legal proceedings where appropriate.

Yes, at any time and for any reason. So can I, if I believe mediation is no longer appropriate.

The What happens during mediation page walks through each stage, from getting in touch to finding a way forward.

Mediation is generally confidential, although there are legal exceptions. The confidentiality arrangements will be explained before mediation begins.

No. In workplace mediation your employer only hears what both participants agree to share.

No. Sessions are not recorded, in person or online.

That depends on the circumstances, the terms of the agreement and the applicable law. Parties should consider obtaining independent legal advice before signing any settlement agreement.

Legal advisers can be involved where appropriate and agreed as part of the arrangements. Parties may also wish to obtain independent legal advice.

No. When acting as a mediator, my role is impartial and separate from my work as a Legal Executive. I do not act as a legal adviser to either party in the mediation process.

Yes. Mediation can take place at any stage, and a court can adjourn proceedings to allow it.

For many civil claims, the Mediation Act 2017 pauses limitation periods while mediation is under way. Ask your solicitor how this applies to your situation.

Under Section 14 of the Mediation Act 2017, solicitors must advise clients to consider mediation before starting most court proceedings.

Concord Mediation offers mediation for certain family relationship disputes, such as disagreements between adult siblings and other adult family members.

I do not currently offer mediation for separating or divorcing couples, related parenting arrangements or specialist elder mediation.

Fees depend on the type of dispute and the time needed. I explain them in our first conversation, and they are confirmed in writing before mediation begins.

Usually the fee is shared equally. In workplace mediation the employer normally pays.

Yes. Fees never depend on the outcome.

Yes. Mediation can take place by secure video call, for people anywhere in Ireland.

Many people find it easier to take part from their own space. We can talk about whether online sessions suit your situation when you get in touch.

A device with a camera, a steady connection and a private room. I offer a short test call beforehand.

Please tell me in confidence when you first get in touch. We will talk about whether mediation can be made safe, for example with separate rooms, or whether another route would be better. If you are in danger now, call 999 or 112.