Commercial activities give rise to disputes and differences within the supply chain and at the point of the end user. Mediation allows the parties resolve the issues giving rise to the dispute while keeping focus on the commercial purpose of the relationship between the parties. Often commercial mediation occurs over a number of weeks and results in both parties understanding the strengths and weaknesses of both their position and the position of the other party such that the best workable deal can be hammered out.
Where disputes occur between parties who do not share cultural or national identities the possibilities of misunderstandings of negotiation strategy and custom can inflame disputes and make things worse. Mediation offers a buffer and go-between for the parties to safely share their stories and issues without upsetting the other party. Often international mediation occurs over a number of weeks and results in both parties understanding the issues and motivations of the other party such that the best workable agreement can be concluded.
Disputes and disagreements arise in workplaces between employees and managers all the time. In some instances, conflicts occur through workplace bullying or harassment. Mediation as a process provides a safe space for all to tell their story and find solutions to their issues. Often workplace mediations occur over the course of one day with the parties leaving the mediation owning the solutions to their issues and empowered to prevent further disputes.
Mark Kane has completed The Mediators' Institute of Ireland (MII) Certified Mediator (Accredited Mediation Training) course and follows this process, while implementing the Mediation Act 2017, when mediating so that the parties and their representatives have knowledge, understanding and confidence in the process being followed during the mediation.
The benefits of mediation as a process run by Mark Kane include:
Cost: While a mediator will charge a fee, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.
Confidentiality: While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.
Control: Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge and/or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.
Compliance: Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ a lawyer to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.
Mutuality: Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute.
Support: Mediators such as Mark Kane are highly trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think "outside of the box" for possible solutions to the dispute, broadening the range of possible solutions.
Disagreements arise in communities as we all go about living our lives in increasing proximity. landlord’s tenants, homeowners, business owners, neighbours, management companies, local authorities and voluntary community development groups can all come into conflict in a community. Mediation offers a process to help air all parties’ ideas and issues with the community they share. Often community mediation occurs over a number of weeks and results in all parties working to better their community and live side by side with mutual respect and understanding.
Galway ++ 00 353 (0)91 44.22.77
Dublin ++ 00 353 (0)1 25.444.26
London ++ 00 44 (0)20 188.8.131.52
Due to workload office phones are not monitored regularly and so contact us by email
When parties are in dispute sometimes they may wish not to meet face-to-face and may not wish to speak with one another. Telephone mediation is a special mediation process where a Mediator works with both parties to resolve a dispute effectively, respectfully and without the parties interacting as through a series of calls, emails and text messages, Mark Kane facilitates the parties in coming to an agreed resolution within a short period of time. Often the dispute is resolved within one week of the mediation beginning. Mark Kane holds distinct certification as a telephone mediator.
Conflict and disputes occur in families all the time and particularly at times of change and upheaval. Mediation allows family members tell their story and share their feelings in a safe mediated space so that when it comes to the family making that decision everyone is aware of everyone else’s feelings and thoughts. Mediation of family disputes is growing particularly for matters of elder care and ensuring that ageing parents are afforded the best care to meet their continuing needs. Often family mediation occurs over the phone in the early stages and results in a roundtable face-to-face session to agree on the solutions to the issues.
Mark Kane, LL.B.(Hons), LL.M., FCIArb, Approved Mediator has served as sole-dispute resolver in well over 500 disputes, including a significant number of mediations; when he acts as mediator he does so in a fair and neutral manner, ensuring all parties have a fair opportunity to tell their story. Mark Kane is particularly interested in the fast-track low-cost early resolution of disputes using email and telephone mediation processes.