Mediation is usually held at a neutral venue, commonly a\u00a0 hotel.\u00a0 There will generally be three rooms, one for use by each party and a room for joint meetings.\u00a0 The mediator may require a further room for joint meetings of experts and lawyers during negotiations. The mediator will determine what meetings should take place. There may be a sequence of meetings, particularly in family disputes.<\/p>\n
The mediator will assist the parties in identifying the legal and factual issues and develop their understanding of their needs and objectives.\u00a0 He may encourage parties to vent their feelings and emotions particularly, in private meetings. He will encourage them to analyse the strength and weaknesses in their case and in the other side\\’s case.<\/p>\n
The mediator may encourage the parties to consider the best alternative to a negotiated agreement and the worst alternative to the negotiated agreement.\u00a0 He may assist them in carrying out risk assessments, including the risks on costs that are legally or practically irrecoverable.<\/p>\n
The mediator will seek to act as a go-between for parties and may carry offers, concessions and counter offers.\u00a0 He may in many cases facilitate as an intermediary, where and for so long as this works better than face to face negotiations.<\/p>\n
If a settlement is reached, the mediator will assist in brokering its terms.\u00a0 If a settlement is not reached, the mediator may be available at a future date to assist in brokering an agreement, on the basis of having gained the respect and confidence of the parties.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Overview Mediation has been defined as a flexible process, conducted confidentiality, in which a neutral person activity assists the parties in working towards a negotiated agreement of a dispute or difference. The mediator seeks to assist both sides in coming to an agreed settlement. The parties are in ultimate control of the decision to settle […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[321],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4338"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4338"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4338\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}