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The costs, delays, uncertainty and publicity involved in
dispute resolution by a court, Tribunal or other adjudicator
increasingly is leading to the implementation of alternative
dispute resolution (ADR) procedures. Mediation is the most
favoured and it is recommended and practiced by us. Mediation
facilitates the settlement of disputes by the parties in a
private, cost effective and binding way where the parties
in dispute are able to find and agree a settlement basis within
self-imposed parameters. Mediation can preserve business and
personal relationships which are often irreparably damaged
by the court process. Time and money may be saved. Even should
the mediation process not result in settlement, it will normally
result in agreement on facts and issues which will not then
need to be proven at any subsequent court hearing and which
may open the door to settlement at a later occasion.
This firm supports its clients during the mediation process.
It also provides independent mediation services and is less
at risk in relation to there being a conflict of interest
due to the firm's small size.
Duncan Grehan is a CEDR Accredited Mediator. The London-based,
Centre for Effective Dispute Resolution has established cutting-edge
standards of alternative dispute resolution training and mediation
services since the early 1990s.
Duncan Grehan is associated with the newly-formed Irish Commercial
Mediation Association. With the substantial reforms introduced
into Court Work and Litigation in 2004, the resolution of
commercial claims and claims for compensation for personal
injuries by the mediation process is highly regarded and well
looked upon by the Legislature and by the Judiciary. Disputing
parties who have refused to engage in mediation may face sanctions
and penalties by the court even if these claims are upheld.
Given the high cost risk of litigation in Ireland, Duncan
Grehan & Partners recommend mediation as an alternative
method of commercial dispute resolution.
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