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A recent decision in a High Court case in the UK has challenged some core principles of mediation, namely confidentiality and the right of the Mediator not to be called to give evidence. Following on from an excellent article from Michael Axe I was prompted to consider the implications for Mediators in both Ireland and the UK. As someone who mediates across these two jurisdictions I have also tried to focus on the lessons and positive actions that Mediators might consider.
If you have ever thought there has to be a better way to settle a dispute than by slogging it out with colleagues through adversarial grievance or complaints procedures, months of recrimination, anguish, excess stress, frustration, and lost days of your life, then just maybe mediation could be what you (and the rest of us) are looking for. While it is no magic wand and is not applicable in every situation it does represent perhaps the best possible option in modern-day dispute resolution

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