Commercial Mediation

Initial Contact and Intake: The process begins with one or both parties getting in contact. During the intake process, I will gather basic information about the dispute and explains the mediation process.

Initial Consultation and Pre-mediation Preparation: I hold individual consultations with each party to understand their perspectives, interests, and objectives. I also help the parties prepare for the mediation session by providing guidelines and expectations.

Mediation Agreement: Before the formal mediation session, the parties typically sign a mediation agreement outlining the ground rules, confidentiality provisions, and the commitment to good faith participation in the process.

Mediation Session(s): The actual mediation sessions take place on Zoom or in person in Dublin. I begin by setting the agenda, explaining the rules, and ensuring that each party has an opportunity to speak and be heard. The parties discuss the issues, facilitated by the mediator, with the goal of identifying common interests and potential solutions.

Joint and Private Discussions: During the mediation session, I may facilitate joint discussions where all parties participate, as well as private caucuses where I meet separately with each party to explore their concerns, interests, and potential solutions.

Negotiation and Problem-Solving: Throughout the mediation, the parties engage in negotiation and problem-solving. I help them brainstorm solutions, evaluate options, and work toward mutually acceptable agreements.

Agreement Drafting: If an agreement is reached, I or the parties may draft the terms of the agreement. It's important for the agreement to be clear, comprehensive, and legally sound.

Agreement Review and Approval: The parties review and, if necessary, seek legal counsel to ensure that the agreement aligns with their interests and complies with relevant laws and regulations.

Final Agreement Signing: Once the parties are satisfied with the agreement, they sign it, making it a legally binding document.

Enforcement and Implementation: The parties are responsible for implementing the terms of the agreement. I may provide guidance on enforcement mechanisms if needed.

Closure: The mediation process concludes, and I may follow up with the parties to ensure that the agreement is being honoured and that any remaining issues have been resolved.