Galway Advertiser 2006/2006_05_11/GA_1105_E1_018.pdf 

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Galway Advertiser

May 11 2006

NEWS

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FASHION

BEAUTY

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H E A LT H

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LIFE

MARY
Resolving conflict through mediation
Conflict affects many of us in both our personal and professional lives. Whether it is an ongoing dispute at work or difficulties in a marriage, there comes a time when it is necessary to acknowledge the issue, resolve it and move on. However, sorting out a problem is not always easy. You may go round in circles, dragging up old issues or getting sidelined. Nowadays more and more people decide to use mediation to resolve disputes. This is a flexible, confidential process in which a neutral mediator helps people in dispute to reach an acceptable agreement. The parties remain in control of the decision to settle and the terms of the agreement. Mediation is effective in resolving all types of disputes, according to Connie Healy, a former solicitor who runs the local independent medication service CH Mediations. Mediation is traditionally associated with family law issues and is highly effective, she says. "When a relationship breaks down and there is no prospect of reconciliation, the parties should contact their solicitor to be advised on their legal rights. Their solicitor will advise them of the option of attending mediation or they themselves may request that they meet with a mediator. "At mediation the parties sit down together with a neutral mediator. The mediator does not advise them or act as a counsellor but facilitates dialogue between them. This is an alternative to engaging in ongoing correspondence through their solicitors to attempt to agree issues. By attending mediation the parties are given time out to discuss matters of importance to them." By getting couples to sit around a table and agree issues such as custody, access, maintenance, the family home, etc, they remain in control of personal concerns at a traumatic time in their lives. It also helps minimise disruption to family lives and provides a forum where issues can be discussed away from children and other family members, she says. "Each couple attending mediation will have particular issues which they want dealt with and it allows that flexibility." The process is not a substitute for legal advice, she stresses. Mediators work alongside solicitors, helping clients decide the main issues of concern. They give them time and space to vent anger, frustration, etc, and to eventually agree, as much as possible in an amicable manner, and ultimately move on from the relationship. "In a marriage breakdown situation couples are normally seen together during the course of the mediation. The number of sessions required to reach an agreement depends on the particular issues for each couple." However, it is not just in the home that mediation can be an efficient and effective tool in resolving disputes. The workplace can also be a hotbed of conflict, explains Ms Healy. She says employers are becoming increasingly aware of the need to be proactive in dealing with grievances to maintain a motivated and loyal workforce. "At times there can be more at issue at work than just the normal Monday morning blues. Sometimes personality issues or grievances which employees feel are not being dealt with adequately by management can, if left unresolved, develop into far greater issues of perhaps bullying, harassment, or ultimately a claim for constructive dismissal. "By referring the matter to mediation the mediator assists parties to reach their own agreement, one which ensures they continue, if possible, to maintain a good working relationship and which avoids disrupted management time and acrimony in the workplace." Mediation can be used in all types of disputes/ issues, such as bullying, harassment, dismissal and constructive dismissal, interpersonal workplace conflicts, personal injury actions under the Courts Act 2004, and disputes between customers and suppliers. Research indicates that 80 per cent of issues referred to mediation are settled there or shortly after the process. "It separates the people from the problem. If employers are having difficulties with employees, customers, or suppliers, referring the matter to an independent mediator can diffuse a situation at an early stage. "By taking this proactive step you take part in intense negotiations where the risks are low and the potential for a successful outcome is high."

O'CONNOR

The Burkes' story
John and Ann Burke have been married for 10 years. They have three children aged five, seven, and nine years. Differences have arisen between them and their relationship has broken down. They argue a lot and the atmosphere is beginning to affect their children. John recently decided to move out of the family home. They have a mortgage on their house and have other bank accounts and life and pension policies. They own two cars and have loans on each. When they consulted their solicitors about their rights, they were advised to consider mediation. Both parties agree at mediation that it is best for the children to continue living in the family home with their mother. Jack will have regular access - twice during the week and every weekend during school holidays. They agree that all

Mediation is effective in resolving all types of disputes, says Connie Healy who runs a local independent mediation service. solicitors to formalise it into a discussions regarding unique contribution to the legal separation. arrangements for the children company. It is aware that Jack will be made by themselves out can be unreliable but he has an * Names have been changed to of their earshot. excellent working relationship protect people's identities. John and Ann agree to with customers. Jill, on the respect each other's privacy other hand, is very structured and to show respect for each in her approach and is an Jack and Jill's story other in the children's excellent administrator. presence. They both recognise Broken Crown recognises Jack and Jill have been that the other is a good parent the need to address the issue working at Broken Crown and wants to maintain a good and refers it to an independent Limited for many years. Jill relationship with the children. mediator. Here they are given has some concerns about They assess their financial an opportunity to vent their decisions being made by Jack situation taking both of their frustrations. The company and the effect that these are incomes into account and avails of an opportunity to having on the company. She listing their outgoings. They facilitate their needs, where feels that his ambition to move also check out the value of possible, so that they can up the corporate ladder has their assets and the extent of continue to work for the made him careless about day any liabilities. Having benefit of the company. to day issues. Jack, likewise, considered all matters, they By taking this proactive has personality issues with make arrangements regarding approach, Broken Crown Ltd Jill, considering her a stickler the family home, maintenance, averts a bigger problem and a for detail and someone who is etc. possible constructive dismissal always on his back. Once an agreement has been action. Both employees are valued reached, they take it to their in their own way for their