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  • Andrew Gubbins Mediation Services
    can refuse About Mediation Mediation Defined FAQs About Mediation How Mediation Works The Role of a Mediator Mediation v Court The Golden Rules Mediation Agreements Stopping The Process Mediation Outcome Problems After Mediation The Terms Of Mediation Confidential Andrew Gubbins Welcome Mediation Defined The essential characteristics of mediation include the provision of a neutral third party as a referee of the process and who is not focused on the outcome The Mediator facilitates the parties in exploring a range of solutions it puts the parties in control and gives the parties a role in constructing solutions Mediation is non judicial It gives no assessment or recommendation unless invited to do so by both parties and either party can accept or reject that assessment if they wish to do so The Mediator is focused on helping the parties to find a resolution to their dispute and he creates an atmosphere that promotes constructive dialogue between the parties Mediation is a voluntary out of court method of resolving disputes or conflict between two or more parties who are free to stop the process at anytime if they so wish It is an alternative dispute resolution ADR where a third party the mediator

    Original URL path: http://www.andrewgubbins.ie/ (2016-02-18)
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  • My Profile & Experience
    Mediation is the art of finding a deal no one can refuse My Profile And Experience Qualifications And Achievements Andrew Gubbins My Profile And Experience Qualifications And Achievements Qualifications And Achievements Qualified Barrister with 8 years experience in Litigation Management Alternative Dispute Resolution Settlements Risk Management Strategic Planning Relationship Building Complex Legal Research Analysis Contract Legal Document Drafting Legal Opinions Negotiations Compliance Qualified Mediator Key Achievements Personal Injuries Litigation Junior Counsel in catastrophic brain injury case Responsible for drafting legal proceedings Liaising with Solicitor Client and Senior Counsel Involved in strategic planning legal and case law research Commercial Litigation Junior Counsel Commercial Court case worth 4 million Strict adherence to time table set down by the Court Responsible for drafting all legal proceedings Motions and Discovery Complex research and analysis of contract Involved in Negotiations and Settlement agreement Responsible for realising security provided in settlement agreement though Well Charging proceedings in the Circuit Court Junior Counsel in Chancery case worth 8 million Responsible for drafting all legal proceedings Deconstructing the contract for sale researching devising and drafting complex legal submissions liaising with Solicitor Clients Junior Counsel and Senior Counsel on all sides Employment Litigation Acting for employers and employees Acted

    Original URL path: http://www.andrewgubbins.ie/My-Profile-And-Experience/Qualifications-And-Achievements (2016-02-18)
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  • About Mediation
    a third room 9 FOR HOW LONG DOES THE MEDIATION GO ON Some mediations for example family separation mediations are comprised of 1 or 2 hour meetings over several weeks in order to give the parties time to consider the issues between sessions However disputes arising in the administration of trusts and estates or disputes in respect of which Court proceedings have been issued usually have one full day allotted for the mediation If no agreement is reached on that day the mediation process will conclude 10 HOW WHERE DOES MEDIATION FIT IN WITH LITIGATION The parties can decide to attempt to resolve a conflict through mediation at any stage whether before litigation has started or during the litigation process To facilitate mediation the litigation process will be temporarily suspended If the matter is settled at mediation then the mediated settlement agreement can be treated in the same way as any other settlement agreement If no settlement is arrived at through the mediation process then the litigation continues 11 ARE EITHER PARTY DISADVANTAGED IN THE LITIGATION PROCESS IF THERE IS AN UNSUCCESSFUL MEDIATION No The mediation process is entirely confidential and no documents or other evidence produced in the course of the mediation process can be used by the other party in any subsequent litigation The argument has been made that if the mediation is unsuccessful some party may use something they found out at mediation to their advantage in later litigation If it does happen that one of the parties finds out something at mediation which they did not already know it is highly unlikely that that information would not inevitably have come out in the litigation process anyway 12 SO IF THE DISPUTE IS NOT SETTLED AT MEDIATION HAS THE MEDIATION PROCESS THEREFORE BEEN AN ENTIRE WASTE OF TIME MONEY AND EFFORT Most disputes settle at mediation A very high proportion of those that don t settle at mediation settle shortly afterwards for the simple reason that mediation can clarify the issues for the parties who then subsequently view matters in a different light Equally the mediation process can have the effect of making it very obvious to all of the parties which party ies is are being unreasonable and or has a conflict of interest and or is saying one thing but is doing something else From the mediator s point of view whilst the goal is always to assist in facilitating the parties to reach a solution the mediator s own code of ethics at the minimum oblige the mediator to to do no harm 13 IF ONE PARTY TO LITIGATION SUGGESTS MEDIATION AND THE OTHER PARTY REFUSES ARE THERE ARE ANY CONSEQUENCES FOR THE LITIGATION Statutory Instrument 502 of 2010 RSC Mediation and Conciliation 2010 now makes provision for there to be a cost sanction awarded by the Judge against a party who refuses to mediate a dispute Mediation is habitually used in the Commercial division of the High Court and it is anticipated that

    Original URL path: http://www.andrewgubbins.ie/Mediation/FAQs-About-Mediation (2016-02-18)
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  • About Mediation
    dispute in an amicable way and to express their own confidence in the mediation service and the high level of success that it has achieved Opening Statements of Both Parties Both parties will now have their chance to state their cases without interruption It is common for the Complainant to speak first It is vital that both parties get to explain fully their side of the story as this process of venting is extremely therapeutic and is a vital step in the process of resolution Opening statements can include emotive and extraneous information but the mediator may find that this information can assist in helping both parties to understand underlying problems that may require addressing Once the opening statements have been completed the mediator will have a clearer understanding of how far or how close the two parties are to a resolution and will use their skill set to establish the best route forward Open Joint Discussion The mediator will generally start the open joint discussion by offering a summary of the two parties opening statements and may ask of each of the parties to clarify certain points of discussion Each open discussion is different with the mediator maintaining control of the pitch and emotive level of the discussions Caucus At some point in the proceedings either party may ask for a caucus where the mediator will move into a private room and discuss certain issues with the party It is important that all parties are aware that anything stated in a caucus is said in the strictest of confidentiality and as a result with consent the mediator may not discuss anything that is said in the caucus with the other party Caucuses have various functions besides giving both parties time to refocus they are also used to discuss options

    Original URL path: http://www.andrewgubbins.ie/Mediation/How-Mediation-Works (2016-02-18)
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  • Mediation
    is the art of finding a deal no one can refuse Mediation Mediation Defined FAQs About Mediation How Mediation Works The Role of a Mediator Mediation v Court The Golden Rules Mediation Agreements Stopping The Process Mediation Outcome Problems After Mediation The Terms Of Mediation Confidential Andrew Gubbins Mediation Mediation Agreements Mediation Agreements A Mediation Agreement is a document signed by both parties and the Mediator prior to mediation which is essentially an agreement by all parties to mediate their dispute in accordance with certain ground rules It will state the mediation is without prejudice and is confidential provide structure ground rules and protection to all parties it is a framework and this agreement is signed by all parties including the Mediator which instils confidence in the process both symbolically by all parties actually signing up to the process and formally by recognising the process in writing as a contract It informs the parties what the process is and what it is not it provides protection to the Mediator it avoids ambiguity as to the costs of the process It adds formality to the process and creates a contractual obligation on the parties to the Mediator which encourages the parties

    Original URL path: http://www.andrewgubbins.ie/Mediation/Mediation-Agreements (2016-02-18)
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  • About Mediation
    can refuse Mediation Mediation Defined FAQs About Mediation How Mediation Works The Role of a Mediator Mediation v Court The Golden Rules Mediation Agreements Stopping The Process Mediation Outcome Problems After Mediation The Terms Of Mediation Confidential Andrew Gubbins Mediation Mediation Defined Mediation Defined The essential characteristics of mediation include the provision of a neutral third party as a referee of the process and who is not focused on the outcome The Mediator facilitates the parties in exploring a range of solutions it puts the parties in control and gives the parties a role in constructing solutions Mediation is non judicial It gives no assessment or recommendation unless invited to do so by both parties and either party can accept or reject that assessment if they wish to do so The Mediator is focused on helping the parties to find a resolution to their dispute and he creates an atmosphere that promotes constructive dialogue between the parties Mediation is a voluntary out of court method of resolving disputes or conflict between two or more parties who are free to stop the process at anytime if they so wish It is an alternative dispute resolution ADR where a third party the

    Original URL path: http://www.andrewgubbins.ie/Mediation/Mediation-Defined (2016-02-18)
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  • Mediation
    no one can refuse Mediation Mediation Defined FAQs About Mediation How Mediation Works The Role of a Mediator Mediation v Court The Golden Rules Mediation Agreements Stopping The Process Mediation Outcome Problems After Mediation The Terms Of Mediation Confidential Andrew Gubbins Mediation Mediation Outcome Mediation Outcome The outcome is not recorded unless an agreed settlement has been reached between the parties That settlement should be recorded in writing and drawn

    Original URL path: http://www.andrewgubbins.ie/Mediation/Mediation-Outcome (2016-02-18)
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  • Mediation
    between both sides Solicitors it can be 2 years before the matter comes on for hearing in Court and by then both sides can be become entrenched and their positions become polarized After 2 years it is not surprising that bitterness exists between the parties and an I m right you re wrong attitude becomes very difficult to shift and more often than not the case settles on the steps of the courthouse because this is generally the first time the parties actually meet and both sides actually get to discuss what the issues and risks are Parties then see the risks and see their potential weaknesses in their own case and decide to settle after 2 years If both parties can sit down together at the beginning of the dispute with an unbiased mediator and talk their issues out and essentially strike while the iron is hot rather than leave the issue fester then their dispute can be settled in a matter of hours saving time and money and stress Cost Typically legal costs in the Circuit Court are 8 000 to 12 000 or more and you have the added risk of paying the other sides costs if you lose Mediation on other hand may cost 2 000 between the parties for the mediator the cost of hiring a meeting room in a hotel for the day and hiring a Solicitor to help prepare the case and represent you at the mediaiton if necessary The potential savings are huge with no risk of paying the other sides costs and the dispute is resolved in a matter of hours as opposed to 2 years down the road A supreme Court Judge made the comment that mediation is a no brainer for business Speaking at an Irish Commercial Mediation Association

    Original URL path: http://www.andrewgubbins.ie/Mediation/Mediation-v-Court (2016-02-18)
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