Frequently Asked Questions
How do I know choose a Mediator?
It is important to engage for a Mediator who suits your needs. This could be someone specialising in the type of mediation that you require; it may be someone in your locality; it may be someone of with experience in a particular area of dispute or it might be a Mediator with a range of skills. All practising MII Mediators available for work submit a profile to enable you to select the Mediator who most suits your needs. When you have narrowed down your choice you should review each Mediator's Profile to see which one best suits your needs. You should then phone or contact the selected Mediators and talk to them. You should ask them if they are competent to mediate in the particular type of dispute that you want mediate; you should ask about the length of time the mediation might take, where it would take place, what their charges are and when they are payable. If you are in any doubt about the process of mediation you should ask the Mediator to explain it and how they would go about contacting the other party. You should only proceed with that Mediator if you are comfortable with the answers you get. All Mediators on this website in the 'Find a Mediator' section are trained to a high standard and have been skills assessed. They are also obliged to engage in Continuing Professional Development and to have appropriate professional indemnity insurance in place.
I have other questions about mediation - who should I contact for further information?
If you require further information please do not hesitate in contacting us at info@themii.ie.
What is mediation?
Mediation is a process in which an impartial and independent third party facilitates communication and negotiation and promotes voluntary decision making by the parties to a dispute to assist them to reach a mutually acceptable solution.
What are the benefits of mediation?
- Less Adversarial
Mediation is an interest-based process based on consensus and collaborative agreement. - Lower Cost
Both in monetary and personal terms, mediation is inexpensive compared to rights-based interventions. - Preservation of Relationships
Mediation works towards long-term solutions for the disputing Parties, and where there is an ongoing relationship places significant emphasis on how they will interact in the future. - Control
Mediation belongs to the Parties. The disputing Parties control the content and outcome of the mediation. - Creative Solutions
Mediation allows for creative solutions which may not be available in rights-based processes. - Protection of Privacy
The confidential nature of mediation allows the Parties to negotiate freely and productively without fear of publicity. - Swift Settlement
Mediation can be scheduled soon after a dispute arises and following the pre-mediation meetings, can often be concluded in a single day. - Preservation of Options
Engagement in a mediated intervention does not preclude participation in a different dispute resolution process. - Low Risk
Settlement potential is high and there are benefits to participating in the process
for all.
Does the Mediator decide for us?
No. The strength of mediation is that the parties themselves make the agreement. They know most about their situation and are best placed to find a solution that will meet their needs. The Mediator's role is active, but non-directive, working with the parties identify their needs and concerns and supporting them in developing a mutually satisfactory solution.
If we don't settle, does it affect my rights?
No. You will still have the option to pursue your legal rights in Court or in a Tribunal or other appropriate forum. You would only be precluded from doing so if you agreed to waive those rights.
What if I am not satisfied with the Mediator?
If you have any concerns about the Mediator or how the mediation was conducted MII have a complaints process which you should use. The details are on the website.
What if we can't agree at the mediation?
Although about 80% of cases settle at mediation there are some which don't. However in many case where agreement can't be reached, the parties will have a better understanding of the dispute and they may well have been able to narrow the issues, so that there are only a few points of difference. If no agreement is reached the parties are free to pursue their legal rights in Court, tribunal or other appropriate forum.
How can I find out more about the different types of mediation?
There are a number of different web pages on this site which will give you more specific information on the different areas mediation works in. If you have any further enquiries please feel free to ring the MII direct..
How long will the Mediator take?
This will depend on the type of dispute and its complexity. Some disputes can be mediated in one session over a number of hours, others, like matrimonial disputes, will require a number of shorter sessions spread out over a number of weeks.
Where is Mediation used?
Mediation is practised around the world in the resolution of many types of disputes including: family, interpersonal, organisational, workplace, and civil and commercial disputes. It can be used for local, national or international disputes. mediation is also used in peacemaking, in victim-offender situations as well as being used for restorative justice.
So does it work?
Yes. Research is showing that mediation is the most successful of the conflict resolution processes and has a success rate of over 80% either at or shortly after the mediation.
Could you say more?
Mediators are non judgemental, confidential facilitators. They use their expertise to support and facilitate people as they work through the issues that concern them. The Mediator encourages and assists the parties to listen to each other, and to really understand what the issues are. The Mediator helps the parties face the difficulties and assists them in finding a workable and lasting solution.
How can mediation help parties or conflict?
Mediators are trained in conflict resolution skills and techniques. They provide a safe, confidential environment with the expertise needed to give people the best possible opportunity to resolve their difficulties.
