Posts Tagged ‘dispute’

Government rules out mediation?

August 10th, 2009

In a recent announcement, Minister for Health, Mary Harney, ruled out the option of mediation to help solve the on-going dispute with respect to the pharmacists in Ireland. It’s a great shame to see the government turn its back on this option of mutually resolving the dispute with an opposition that appears more than willing to enter talks and progress to a solution. It’s especially disappointing considering the government is so much in favour of mediation for community matters and employment disputes and more outward facing situations but apparently not so for matters concerning the government.

As a qualified, professional mediator it is disheartening to hear an official line from the government, to this effect. When one side of a dispute is willing to engage in talks to end the conflict, for the public good, I would certainly encourage the other side to take up the slack and engage. This matter involving the pharmacists is affecting a great number of people, both customers and business people and is resulting in a lot of negative publicity for an already strained image of the health service in Ireland. Refusing to talk a la the mode of “we do not negotiate with terrorists” is incredibly heavy handed and disappointing. Mediation is not a concession nor an admission of defeat but rather, at minimum, a chance to open out the issues at hand and project possible solutions. In my opinion taking up the option of mediation at this stage would greatly help the situation and reduce a great deal of suffering on both sides and on their tertiary dependents.

  • Share/Bookmark

Mediation Proposed for Traveller Family Disputes

June 22nd, 2009

I would like to acknowledge and welcome a hugely positive and progressive suggestion that mediation should be used to tackle the problems experienced by and within traveller familes within Ireland. The proposal made by the Irish Traveller Movement is set to be fully unveiled this Autumn but an insight to the plan suggests that members of the travelling communities could be trained as mediators to help resolve internal disputes within communities and help keep the peace between families in the same way that the wider community already avails of mediation for peaceful living. It’s great to see mediation being suggested for this purpose, where the intervention of an impartial and friendly face could help to diffuse a greater problem between members of the community. I wish the scheme the very best of luck for the future and every success. Read more…

UPDATE 26/06/2009: A mediator has been appointed to facilitate talks between traveller families in Co. Kerry to help resolve an escalating fued. I wish the appointed mediator the very best in this proactive approach to helping the problems within the community and hopefully it will lead to a positive and satisfactory outcome for the community. Read more…

  • Share/Bookmark

What is ADR?

June 7th, 2009

One of the things I hope to achieve with this website is to bring the lesser known procedures, which can help society, to the forefront of everyday knowledge. As such a good place to start is to introduce one of those awful three-letter acronyms, ADR. What is ADR? Standing for Alternative Dispute Resolution, ADR is a process whereby a safe environment is created for disputants to resolve their differences and diffuse tensions; resulting in a best fit agreement that will enable life to continue without either party feeling hard-done by.

ADR in Ireland is still laying its foundations, in terms of being recognised as a valid route to resolving problems. In other highly successful countries such as the US and Canada, ADR is a way of life and works harmoniously with the legal system to empower people to help themselves. One of the biggest problems with the legal process is the handover to a third party, of personal affairs, and as such the way in which these affairs are dealt with in an impersonal manner. Many people leave legal process, feeling aggrieved or very unfortunate – just read the comments on www.rate-your-solicitor.com and you’ll see that there’s not a single good solicitor in the country if you take everyone’s experience as fact. Obviously this is not the case and there are many dedicated and gifted professionals within the Irish legal system but the problem is that most outcomes are not an agreement between both parties involved but rather an enforced judgement.

Applying ADR to a vast number of cases such as marital breakdown, workplace disputes, financial troubles, community issues, to name but a few can produce a working and highly satisfactory compromise that can be binding and enforceable if the parties so desire it to be. At no stage is there an absolute requirement for solicitors to get involved, although in terms of marriage separation agreements and such it may be advised that a legal professional should advise on any agreement reached and thus ADR can compliment the legal process and vice versa. Above all ADR is an involved process, enabling parties to resolve their differences and at a fraction of the cost of the legal route. A viable, effective, and suitable alternative to problem resolution exists; it is ADR, encompassing all forms of mediation and it is available throughout Ireland. If you have any questions about ADR then please feel free to drop me a line on jbrazil @ jonathanbrazil.com and I’ll be happy to answer any questions that you might have.

  • Share/Bookmark