Alternative Dispute Resolution

P O’Connor & Son specialise in Alternative Dispute Resolution mainly: arbitration, mediation and conciliation.

Arbitration utilises a neutral third party to hear a dispute between parties. The hearing is informal. The parties mutually select the arbitrator. The arbitrator is retained to determine how to settle disputes. The decision is final and binding on the parties. Arbitration is more cost efficient and quicker than litigation.

Patrick O’Connor is an arbitrator and authorative negotiator. He is on the arbitration panel of a number of bodies including the Law Society of Ireland.

William O’Connor is an arbitrator with a Diploma in Arbitration from the Smurfit Business School in UCD.

For more information and advice on arbitration contact our office.

Mediation is a private and confidential dispute resolution process in which an independent and neutral third party, the Mediator, seeks to help the parties to reach a mutually acceptable negotiated agreement. The process usually involves some level of briefing of the Mediator before the Mediation. The Mediation may be attended by a ‘decision maker’ for each party as well as their legal advisors, relevant experts and insurers (if any). The process is voluntary and either party can withdraw at any time. However, if a settlement is reached it is legally binding.

P. O’Connor & Son are experienced in commercial, family and other types of mediation.

Patrick O’Connor, solicitor is an accredited mediator (CEDR), Katie Cadden, solicitor is an accredited mediator (MII), Amy Collins, solicitor is a mediator and Gerard Morahan, Legal Executive is a mediator.

For more information and advice on mediation contact our office.

Conciliation is an alternative out-of-court dispute resolution mechanism. It is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings. A mediator, by contrast, will in most cases and as a matter of principle, refrain from making such a proposal. They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties’ legal positions, but also their; commercial, financial and / or personal interests.

The main difference between conciliation and mediation proceedings is that, at some point during the conciliation, the conciliator will be asked by the parties to provide them with a non-binding settlement proposal. Like in mediation proceedings, the ultimate decision to agree on the settlement remains with the parties.

P. O’Connor & Son are experienced advisors in conciliation and will represent clients throughout the process and offer advice on any conciliation proposals offered by the conciliator.

For more information on Conciliation contact our office.

For more information and advice on Alternative Dispute Resolution contact our office.