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Cormac Ó Dúlacháin,
Senior Counsel, Mediator Certified Member - The Mediators' Institute of Ireland
Cormac Ó Dúlacháin, Senior Counsel
and Mediator, has been in legal practice in Ireland as a trial lawyer for the past 23 years. He studied
mediation at the Harvard Negotiation Institute at Harvard Law School.
Traditionally the only system of conflict resolution
in Ireland was courtroom trial. In recent decades we have seen the endorsement of various alternative methods of dispute resolution including
arbitration, specialised tribunals, ombudsmen and lately mediation. Mediation is different, it is a "resolution
by agreement" process and is fast becoming a mainstream option in Ireland
The essence of mediation is that an independent mediator
endeavours to assist the parties to come to a voluntary settlement. The modern mediator adopts structures and employs
strategies and techniques that through academic research and practice have proved to be effective in bringing
about agreement.
Mediation is not a private trial. A mediator is neutral, does not offer legal advice and
does not adjudicate the rights or wrongs. The mediation conference is confidential. If the parties do not reach agreement
they are free to go to court.
Irish
Law Reform Commission Report on ADR & Draft Mediation Bill Publication due 2010
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