'Mediation Works' Symposium, Royal Hospital Kilmainham, 27 May 2008
'Now as this conference asserts, the evidence is in that 'Mediation Works'
and there is a new level of confidence, the kind you expect
from an accepted part of mainstream services.'
President Mary McAleese, 27 May, 2008
President Mary McAleese delivered an inspiring address to the MII Symposium in support of mediation and it's innovative and creative role in modern Irish Society. This core message was echoed by leading national figures throughout, what proved to be, a stimulating and challenging day.
The Symposium, comprising of presentations, panel discussions and master classes provided a forum to review and explore the ‘how to’ of mediation and its increasing role in partnership, business and civil communities. Contributors included:
- Lucy Fallon Byrne, Director, National Centre for Partnership and Performance
- David Begg, General Secretary, ICTU
- Turlough O'Sullivan, Director General, IBEC
- Michael McDonnell, Director, CIPD Ireland
- Turlough O'Donnell S.C., Chairman of the Bar Council
- Ken Murphy, Director General of the Law Society of Ireland
- Dr. Carol Coulter, The Irish Times
- Peter O’Reilly, Mediation Northern Ireland
- Niall Crowley, Chairperson of the Equality Authority
- Mr Justice Peter Kelly, The Commercial Court
- Mrs Justice Catherine McGuinness, President, Law Reform Commission
All speakers talked enthusiastically of the diverse benefits of mediation in areas such social partnering, trade and employee dispute resolution, peace building and commercial disputes. It was heartening to note the overwhelming support from the legal profession about the need for lawyers to actively recommend and endorse mediation to their clients.
President Mary McAleese spoke passionately about mediation and its value in preserving relationships which are often lost as a result of contentious disputes. She referred to the “toxic seed of conflict”, the need for innovation in order to move Ireland Inc. forward, and she heartily promoted mediation as a viable alternative to litigation.
During lunch, coffee sessions, and the master classes, the atmosphere was exciting and palpable as delegates and panel speakers engaged in debate and discussion about mediation. It was clear that mediation has moved into mainstream society and business.
Master classes included:
- Factors in Intercultural Mediation: Helen Harnett, Intercultural Specialist
- Useful Questions in Mediation with Parents and Children: Corry de Jongh, Mediator and Family Therapist and Ines Collins, Couples/Family Therapist
- Advanced Skills in Commercial Mediation: David Richbell, Commercial Mediator and Trainer
Media attention was high both pre- and post-Symposium and a number of articles appeared in the Irish Times and Sunday Business Post about mediation, the MII and the Symposium. Radio interviews with Newstalk on the day of the Symposium and the following morning on Tubridy Today only added to the high profile and excitement about mediation generated by the Symposium.
Council and Committee Members in Atttendance
(L-R: Alan Martin; Eimear Lawlor; Denis Blanch; Karen Erwin; Frances Stephenson; Mary Lou O'Kennedy; Treasa Kenny; Gerry Rooney; Ann Walsh; Caroline Murphy; Mary Rafferty; President Mary McAleese; Karen Erwin; Mags Bouchier)
Symposium Transcripts
President Mary McAleese
'Now as this conference asserts, the evidence is in that 'Mediation Works' and there is a new level of confidence, the kind you expect from an accepted part of mainstream services.'
President Mary McAleese - Full address
Karen Erwin, President, MII
'Today is an absolute celebration for mediation, for mediators and for the Mediators' Institute of Ireland… Over the last two years the MII has effectively been revamping itself, if I can put it in that way. We have taken ourselves apart, we have worked out what it is to be a good mediator - we have set up assessments - we have set up competencies - we have set up standards. And we have put those over MII accredited training courses, so that the public and our clients can all be assured that every MII mediator is of at least a certain standard. And we encourage our members to go on and increase their skills base and achieve a higher level. We also have mandatory CPD for our mediators. And for our practising mediators they have to have insurance to protect the clients. And they have to subscribe each year to our then code of ethics. And last, but I think absolutely not least, in these days of regulation I believe we have what is as near as we can get absent statutory regulatory, to best practice of regulation, where in our complaints and disciplinary committees we have a majority of lay people… So I am delighted to say that we [the MII] are now at a point where we are up to best practice, both nationally and internationally.'
Lucy Fallon Byrne, Director, NCPP
…Now the biggest thing for mediation is that it gets to the heart and the source of the problem and it deals with the problem at its source. It doesn’t move on to different fora or it doesn’t move out of the workplace or out of the department and go on to become a very entrenched and a bigger problem as it moves along.
Lucy Fallon Byrne - Full address
David Begg, General Secretary, ICTU
'So there is a lot of differences between the win:win concept of mediation as applies in family disputes and the sort of more professional adversarial model which applies in industrial relations. I think philosophically there are three approaches to this. One is the Unitarist view which says that there is a common interest on all matters between employers and workers that they can work out in a win:win situation. The other is the Marxist view which is that there are no common interests whatsoever, that the whole purpose of capital is to exploit workers and there are no accommodations possible. And the third not surprisingly is the one which generally is the one which informs what we do, which is the pluralist model, which says that there are some legitimate interests between business and workers and there are areas where their…their interests do not coincide. But a process of distributive bargaining manages to get around these difficulties.'
Turlough O'Sullivan, Director General, IBEC
'So clearly there are big advantages in mediation. It is low key. It is low profile. There is little or no publicity, which is extremely important. I think mediators of every kind should keep out of the public medium because as soon as you are in the public medium then the detail of what you are trying to fix becomes public property.'
Michael McDonnell, Director, CIPD
'The CIPD in the UK did a survey and found that organisations that trained line managers in mediation skills dealt with only 22 formal disciplinary cases a year compared with 49 for those who did not train managers. We would certainly say in CIPD that all line managers should be skilled in conflict management and mediation.'
Grainne O'Boyle, Head of Employee Relations, eircom plc
'I am a passionate supporter of mediation. I have seen the benefits and I know how people can benefit to the extent that it actually overlaps into their home life… if you can get there quickly and deal with the issue at the point of origin, you have a much better chance of resolving it, and resolving it within the context of what is best in that particular business area for those particular people.'
Grainne O'Boyle - Full address
Dr. Carol Coulter, The Irish Times
' Now mediation is available for use in relation to legal separation or divorce. If an agreement is negotiated in relation to divorce it can be finalised in the Circuit Court or indeed the High Court. And the terms of a separation agreement can subsequently be imported into a consent divorce and made a rule of court.'
Ken Murphy, Director General, Law Society of Ireland
'...the intriguing question is, certainly for me here, and it is part of this discussion here and considerations here today, is how litigation and mediation can come together and work well together.'
Turlough O'Donnell S.C., Chairman of the Bar Council
'It [Justice] bubbles up from the people. And we have never grown up to that idea. Lawyers have never lived up to that idea satisfactorily. And now is the time, and I see mediation in that context.'
Turoough O'Donnell - Full address
Peter O'Reilly, Mediation Northern Ireland
' the organisation [Mediation Northern Ireland] was started by a group of people who wanted to contribute to peace and stability by developing mediation and associated disciplines. …I used to check with our Director actually now and again what was this week’s definition of mediation. ...mediation was made to meet the needs of what [we, as] mediators needed to be doing.
Colin Daly, Solicitor in Charge, Northside Community Law Centre
' ...a community-based law centre is set up in disadvantaged communities to help people from disadvantaged communities access legal services, people who otherwise wouldn’t be able to afford to access legal services, to use the law as a tool for social change and to promote social justice.'
Niall Crowley, Chairperson of The Equality Tribunal
' So taking account of cultural difference in mediation is about taking account of the tangible and the intangible, language but also meaning, practice but also values. '
Mrs Justice Catherine McGuinness, President, Law Reform Commission
No taped transcript of this input available.
Mr. Justice Peter Kelly, The Commercial Court
'Initially this [mediation] was looked upon very suspiciously and people were less than enthusiastic about it. But as it has gained momentum I now actually have occasions where people are suggesting even before I do that they ought to consider mediation. So I think it is meeting with a greater degree of confidence on the part of practitioners and clients. And I am wholly enthusiastic about it because I have seen the most intractable cases brought to a successful conclusion, not merely the case before the court, but on occasions outlying cases either in existence or contemplated.