Dispute Resolution

Mediation - Dispute Resolution - Collaborative Practice

 

Many different kinds of disputes occur in our ordinary everyday lives. This can range from a “misunderstanding” with your friend; a “falling out” with your neighbour; a disagreement at work; a distressing situation in school; a business problem or a full relationship / marriage breakdown – the list is endless.

What can you do when despite your best efforts the solution isn’t getting any closer?

At Wolfe & Co., problem solving and managing difficulties is our work – this is what we do.

The Wolfe & Co. team has a wide range of skills at your disposal and we work hand-in-hand with you to resolve your problem. We have the resources you need to help you reach your goals.

As well as our legal skills, we have additional skills available in dispute resolution to include:

A. Mediation:

Mediators are specially trained to help people to resolve their disputes. Mediators and neutral and will not take sides. Mediation is a voluntary process and can be an effective and immediate alternative to Court Proceedings. It is an entirely confidential service and provides a safe environment for you to air your issues. The mediator assists you to find a mutually acceptable solution to your difficulty. The format of the mediation process may vary depending on the mediator and the type of dispute. Sometimes there are pre-mediation meetings and sometimes you spend most of the time in the same room. In other cases you may not be in the same room at all, or only for a short time. The mediator with decide the best format depending on all the circumstances.

How will mediation benefit you?

  • It is confidential.
  • It is quick.
  • It avoids the necessity of fighting in Court and in this way “protects” relationships.
  • It is cost effective.
  • It gives greater scope for more creative / more workable solutions.
  • The disputing parties control the content and outcome which supports the potential for longer lasting solutions.
  • Settlement potential is high.

It is important to understand that mediation is generally a process involving two or more disputing parties with one or two neutral mediators. It is not in itself a legal process and generally speaking your solicitor is not present. However, there are variations available where solicitors may be present by agreement with all parties.

B. Collaborative Practice:

Collaborative Practice is a non-court based, family-focused legal solution and resolution service. It is designed to achieve an acceptable and equitable agreement of issues through discussions and negotiations. It is a process based on honesty, co-operation and the integrity of the participants. When used in the family / relationship context, it allows couples to address the complexities of these types of disputes in a non-confrontational way and without recourse to the Courts.

At Wolfe & Co. we adopt a full Collaborative team approach to disputes, where both parties, together with their respective lawyers and coaches (all of whom have been specially trained) work together as a coherent unit to assist in reaching decisions which are drawn up in a legally binding agreement. Discussions and negotiations take place in a series of meetings with the parties, their lawyers and coaches all present.

How can Collaborative Practice benefit you?

  1. It is a unique process which allows both parties to retain control over the final agreement.
  2. It allows for all parties’ needs, including where necessary those of parties indirectly involved, to be considered.
  3. It can foster an (attitude) of open communication which helps in maintaining good relationships into the future.
  4. It can be quicker and less expensive than the traditional, court-based approach to resolving disputes.

All parties, including the lawyers, commit at the start of the process to resolving the issue within the Collaborative model. If for any reason the parties are unable to reach a resolution within that process, the Collaborative lawyers must withdraw and the parties must engage new lawyers.

C. Dispute Resolution:

Traditionally, resolution of disputes through the litigation process can be lengthy, costly and often causes irreparable damage to relationships.

At Wolfe & Co. we apply our diverse range of skills to the resolution of the wide variety of disputes we come across in our daily work. These skills can be used in a number of ways and at any time in any process. This can provide you with a skilful, speedy and cost-effective means of resolving your dispute while holding focus on maintaining relationships.

For further information contact: Helen Collins, email helen.collins@wolfe.ie

Please see articles entitled “Relationship and Marital Breakdown” and “The Better Divorce” on our Publications page.

 

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