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When: Feb 20, 12
Who: Staff

Alternative Dispute Resolution (ADR) is an integral part of the practice of Kieran McCarthy & Co.  All of our solicitors are experienced in representing clients in various ADR processes from mediation and arbitration to negotiation, and collaborative practice.

We acknowledge and understand that litigation is no longer the only option for our clients who seek to resolve disputes in an efficient, timely and cost effective manner.

There are many different ADR processes in relation to which our solicitors can advise you fully.  Some of the ADR processes which are more commonly utilised are detailed below:-

Mediation:-

Mediation is a flexible process wherein a qualified mediator who is completely impartial and independent assists parties who are in dispute to work towards a negotiated agreement and resolution of their dispute.  The parties ultimately retain full control of the decision to settle and the terms of the settlement.

Mediation is now utilised regularly as an alternative means of resolving issues between parties which otherwise would traditionally have proceeded only by way of litigation, such as in family law, medical negligence cases, employment law cases and commercial litigation.  Mediation is particularly useful in situations where the parties will continue to have an ongoing personal or working relationship aside from the dispute in question.  Therefore a speedy resolution of the dispute, which is reached in complete confidence and to the satisfaction of each party, lends itself very well to such a situation.

At Kieran McCarthy & Co. our litigation solicitors have successfully represented clients at mediation in a variety of disputes.

In addition, Teresa O’Sullivan is a qualified mediator with the Mediators Institute of Ireland (M.I.I.)

Arbitration:-

Arbitration involves an Arbitrator deciding the issues in dispute between the parties, on the basis of evidence.  It is a process which takes place in private.  It is a popular choice of dispute resolution in the construction industry and it is also often utilised in disputes between policy holders and their insurance companies.

If you require legal advice or guidance in respect of Arbitration you should contact our Litigation Department.

Kieran McCarthy is a Fellow of the Chartered Institute of Arbitrators.

Collaborative Practice:-

Collaborative practice is a relatively new way of resolving family law issues.  It can be a very effective way of resolving issues or disputes that arise for couples who are seeking to separate or divorce or who have issues relating to the custody and care of their children.  Collaborative practice involves open and honest, full and frank disclosure on the part of each person engaging in the process.  It is non-confrontational and involves a commitment to engage in the process with a view to seeking agreement that is fair to everyone.  The process is far less stressful than court proceedings and you retain far greater control over the process.  As it is much less acrimonious there is more likely to be a greater chance of preserving and maintaining a collegial relationship between the parties into the future which can be particularly beneficial to those people who are also parents and have issues to resolve in respect of their children.

Not every solicitor is trained in collaborative law.  Therefore if you and your spouse/partner are open to utilising collaborative practice to resolve your dispute it is essential that you engage the services of a suitably trained and experienced collaborative lawyer who can guide and advise you fully.

For expert advice in relation to collaborative law please contact us at info@kmcc.ie

If you require any advice in relation to Alternative Dispute Resolution you can contact our office on 021 4275220 or by email here

About Us & Contact

Kieran McCarthy & Co. Solicitors
Floor 3B, 6 Lapps Quay, Cork.
t: 021 427 5220 | f: 021 427 5250

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