The Agreement to Mediate
- 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.
- 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.
- Either party or the Mediator is free to suspend or withdraw from Mediation at any time.
- 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.
- The Mediator will work to promote the balanced interests of both parties.
- 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.
- The Mediator does not give any legal, financial or taxation advice and is not responsible for any such decisions made by the parties.
- Discussions during Mediation in regard to possible terms of settlement or proposals for the future are understood to be confidential and legally privileged.
- At no time can any of the proceedings be recorded.
- Each party must agree to allow the other to speak without interruption.
- Parties are required to treat each other with respect paying particular attention to gestures, tone and language.
- All issues are open for negotiation through a problem-solving process that is focused on the needs and interests of each party.
- 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.
- 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.
- 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.
- 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.
- Either party may be accompanied by a support person but this must be arranged with the Mediator in advance of the commencement of Mediation.
- 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.