Agreement to Mediate

The Agreement to Mediate

  1. This Mediation is being conducted in accordance with the Mediators’ Institute Ireland Code of Ethics and Professional Conduct and the guidelines of the Agreement to Mediate.
  2. Mediation is a voluntary process whereby persons can negotiate their own agreement in a consensus-making way with the help of a Mediator. Mediation can only work if it is entered into freely and with the participation of both parties in good faith.
  3. Either party or the Mediator is free to suspend or withdraw from Mediation at any time.
  4. The Mediator’s role is to assist the parties in reaching a settlement of their dispute and the Mediator will not make any decisions for the parties.
  5. The Mediator will work to promote the balanced interests of both parties.
  6. The Mediator will not take sides or appear as a witness, expert or representative in any future investigation or Court proceedings on behalf of either party.
  7. The Mediator does not give any legal, financial or taxation advice and is not responsible for any such decisions made by the parties.
  8. Discussions during Mediation in regard to possible terms of settlement or proposals for the future are understood to be confidential and legally privileged.
  9. At no time can any of the proceedings be recorded.
  10. Each party must agree to allow the other to speak without interruption.
  11. Parties are required to treat each other with respect paying particular attention to gestures, tone and language.
  12. All issues are open for negotiation through a problem-solving process that is focused on the needs and interests of each party.
  13. Discussions arising out of mediation are confidential. The mediator will not voluntarily disclose any information obtained during the mediation process except when a child or a person is at risk.
  14. To ensure that each party can make informed decisions, it is important that a full and frank disclosure is made at Mediation of all relevant information.
  15. Any legal or court proceedings that have been issued before coming to mediation must be discussed with the Mediator with a view to suspending or adjourning them.
  16. The Mediator brings together the various verbal agreements made during Mediation and writes them up into a Mediation Settlement. Both parties agree to keep to this agreement.
  17. Either party may be accompanied by a support person but this must be arranged with the Mediator in advance of the commencement of Mediation.
  18. In the event of a breakdown in the Mediation Settlement or in any change of circumstances affecting it, the parties may return to Mediation to renegotiate the issues in question.