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What is the benefit to disputants of mediation, for resolution of Civil and Commercial disputes in Ireland?

Lee, Michael (2013) What is the benefit to disputants of mediation, for resolution of Civil and Commercial disputes in Ireland? Masters thesis, Dublin, National College of Ireland.

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Abstract

The research is of importance because mediation is a significant framework to aid conflict resolution. The model can be used speedily, cost effectively and confidentially to resolve disputes. This can be achieved in a voluntary manner, whilst enabling the relationship between the disputants to be protected during and after the mediation process. These factors are not perceived to be achieved through litigation, which is presently the most traditional and primary tool for resolving disputants’ issues of the nature of this research.

Following a literature review, which encompassed internationally based mediation experiences, a number of detailed semi-structured interviews were held with legal practitioners involved in mediation in Ireland. The purpose was to elicit views on dispute resolution, primarily incorporating mediation and the contemporary experiences of litigation in this jurisdiction.

The research findings are broadly reflective of the literature review. However, the cited misgivings of mediation were generally not perceived to be as negative in this jurisdiction.

The research draws a conclusion that there are clear benefits to disputants using mediation in within the realm of the research limitations.

There is scope for implementation of several practices, covering a single mediation representative body for self-regulation, standardised training for mediators and promotion of mediation by appropriate agencies.

Further research is warranted, amongst other matters, on the effectiveness of mediation as a voluntary framework and enforceability of mediation agreements.

Item Type: Thesis (Masters)
Subjects: H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management > Conflict Resolution > Mediation
Divisions: School of Business > Master of Business Administration
Depositing User: CAOIMHE NI MHAICIN
Date Deposited: 26 Nov 2013 15:30
Last Modified: 26 Nov 2013 15:30
URI: http://trap.ncirl.ie/id/eprint/879

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