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Alternative Dispute Resolution

Alternative Dispute Resolution

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There are a number of ways that disputes maybe determined outside the Courts.

Increasingly Arbitration, Mediation, Conciliation and Negotiation are being used by parties who do not wish to incur the considerable costs of resolving difficulties and disputes through the established Courts system.

Arbitration is one of the forms of alternative dispute resolution in which the parties to a dispute refer it for resolution to one or more people known as Arbitrators. In Ireland the Arbitration Act 2010 has brought the law in this country up-to-date.

Generally speaking an award by an arbitrator is binding on the parties who agree to it being the form of dispute resolution and cannot be appealed to another forum whether it be a court or otherwise.

Mediation, on the other hand, is a form of settlement negotiation which is facilitated by a neutral person appointed by the parties to a dispute. This form of alternative dispute resolution is increasingly finding favour in commercial, property, family and employment disputes. However mediation can be used in any type of dispute where the parties so agree.

The Law Society of Ireland maintains a register of practising solicitors who will act as Arbitrators or Mediators. For further details see www.lawsociety.ie.

Patrick O'Connor Solicitor

Patrick O’Connor Managing Partner

Patrick O’Connor BCL, LLB, FCI Arb is a Solicitor, Notary Public, Arbitrator and Mediator.

For more information email: law@poconsol.ie tel: 094- 9251333 or contact us through our website: www.poconsol.ie