People come to mediation to solve a problem or prevent a conflict. Unlike court, they do not need to show evidence or prove their cases. They just need to be willing to hear the concerns of the person and be able to share, in a respectful way, how they see things.

The mediator helps people look for ways they can be flexible to meet the needs of the other person while meeting their own needs. It is a private way for two or more people to work to solve problems or talk about issues important to them with the help of a neutral third party.

In mediation, you can make agreements you want to follow, which is different from a court hearing where a judge weighs evidence and makes a ruling that you must follow. Mediators try to keep people working together and try to rebuild damaged relationships as part of the process. Even when past damage is deep and cannot be fully repaired, mediators can help people make plans on how they can work together in the future.

Mediation is for married and non-married couples. It also assists same-sex couples who have decided to separate.

Relationship breakdown can be very emotional and stressful – making it particularly difficult to agree decisions in relation to living arrangements, finances and childcare.

Mediation encourages a separating couple to co-operate with each other in working out mutually acceptable arrangements on all or any of the following:

Parenting the children

Education, schooling or childcare arrangements

Family holidays and special occasions

Financial support

Family home and property, division of assets

Other problems related to the separation

The role of the mediator is to:

See a couple together and look at the issues to be discussed and agreed.

Create a climate in which neither party dominates but in which both parties participate fully in good faith.

Create and maintain an atmosphere of co-operation and responsibility.

Help couples deal with difficult emotional issues that can prevent them reaching agreement.

Help couples reach agreement that they both find acceptable.

Mediation offers the chance to have difficult conversations in a comfortable setting. The process of gathering evidence and testifying in court can be embarrassing and do long-lasting damage to relationships, making it more difficult to get along in the future. The power to make decisions stays with you and the other person rather than having the details of your plan decided by the Court. Mediation is a cost-effective way to resolve a Court-related matter.

Most mediations end with a written document that sets out all the details of the couple's agreement.

The type of agreements that may be reached include:

Comprehensive agreements: which cover all issues resulting from the separation including finance, parenting, accommodation etc

Parenting agreements: which address parenting issues and support good parenting models

Financial agreements: which cover the finances and assets of the couple

Interim agreements: where the parties make an agreement for a specific time frame

Partial agreements: which addresses a particular issue or issues

A mediator’s role might be described as a communication coach. They guide the discussion while you and the other person share your own ideas and make your own suggestions. They will help you and the other party to communicate in ways that calm the struggle and will ask questions meant to help you find any possible win-win scenarios for your agreement. A mediator remains neutral and impartial in the process and does not take sides. They will not make decisions for you, force a particular plan, or give any advice.

We conduct mediations via a secure virtual platform such as Zoom or in private conference rooms. Most mediation takes place on Zoom but we are happy to use a private and comfortable room in the Dublin area if the clients prefer. The costs of rooms are reasonable and are borne by the clients.

The process can take several weeks to complete. Generally, clients have two private sessions to prepare before entering joint sessions. The number of joint sessions will depend on the complexity of the issues involved but will typically be between two and four.

Yes. Your signed agreement willbe legally binding unless it states otherwise.

Yes. We always recommend that you seek legal advice on any legally binding agreement. When we prepare for the mediation we will ask you for contact details for your solicitor so that we can inform them that mediation is taking place. We will, with your permission, forward your solicitor a draft copy of your mediated agreement before you sign it.

Mediation may seem expensive at the outset but typically costs about 10% of negotiating through solicitors.

We charge an hourly rate that will depend on all the circumstances of the mediation and a charge for drafting any Agreements. That rate will be agreed with you in advance, set out in an email and included in your Agreement to Mediate. There will be no hidden extras.

Additional costs may include:

Solicitor’s fee for reviewing your Agreement/Contract

Fees for property valuation

Fees for pension valuation

All parties to a mediation must sign an agreement to mediate before the process begins. The Mediation Act 2017 describes the Agreement to Mediate…

Prior to the commencement of the mediation, the parties and the proposed mediator shall prepare and sign a document (in this Act referred to as an “agreement to mediate”) appointing the mediator and containing the following information:

(a) the manner in which the mediation is to be conducted;

(b) the manner in which the fees and costs of the mediation will be paid;

(c) the place and time at which the mediation is to be conducted;

(d) the fact that the mediation is to be conducted in a confidential manner;

(e) the right of each of the parties to seek legal advice;

(f) subject to section 6 (6), the manner in which the mediation may be terminated;

(g) such other terms (if any) as may be agreed between the parties and the mediator.

Sometimes. Children are not appropriate support persons for adults and should not be brought to sessions for adults or be able to hear your individual or joint sessions held over the phone or by videoconference.

Child Inclusive Mediation gives children a voice and an opportunity to share their worries and concerns whilst their parents are in mediation without the pressure of feeling responsible for decision making or feeling that they have to take sides.

We know that at this time of uncertainty children value the chance to share their worries and concerns, and contribute to the plans for the future.

Your mediator will discuss with your children the things you agree need to be considered such as if you are thinking of selling the family home how will that affect them? And how they will see both parents now you are separated? Including your children in mediation provides them with an opportunity to express any concerns. This is particularly useful as their concerns are often different from yours.

The meeting with the children is confidential and they can then decide how their views and opinions are relayed to you as their parents.

In cases where children have been allowed to share their views in mediation, parents have worked together to make sure their children’s wishes become a reality.