Mediation is a voluntary process by which parties can attempt to resolve a legal dispute. It is an entirely confidential process which is designed to be flexible and to facilitate a mutually acceptable agreement. The process usually takes place over one day and is led by a Mediator, but it is not a formal legal process, it is non-binding and depends entirely on whether the parties can reach an agreement.

However, for High Court proceedings, there is an obligation for the parties to be advised of and consider the option of mediation as an “Alternative Dispute Resolution” (ADR) process, as a way of resolving the dispute without the necessity of lengthy and costly proceedings.

Depending on the nature of the dispute, the option of mediation can be extremely effective at achieving resolution, especially if the matter is urgent, or if there are a number of different, complex issues that might require separate legal proceedings, but can be all be considered together in the one process. The confidential nature of the process is also conducive towards coming to an amicable agreement without the contentiousness of adversarial Court proceedings.

If you have a query in relation to Mediation or other ADR options, contact our specialist employment law team on 01 644 9900 or mail@danielspring.ie

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.

Industrial Relations/Trade Union Law

Over a century of statute law, most notably the  Trade Union Acts 1871 to 1990 and the Industrial Relations Acts 1990 to 2015 provide for strong protections for registered Trade Unions from being sued as a result of strikes, peaceful picketing or other actions pursued in a trade dispute.

Alongside these immunities and protections, Trade Unions must ensure that strikes and industrial actions are mandated in strict accordance with its own rules, that a secret ballot is held and that at least one week’s notice is provided before engaging in a strike or industrial action.

Failure to adhere to the rules around balloting can open up the possibility of an employer obtaining a Court injunction to prevent a strike from going ahead.  Similarly, Trade Unions need to be aware of the precise limitations on what is permitted in the context of industrial action and strikes.  Exceeding the bounds of activity which is protected under the Industrial Relations Act risks the Union and its members being sued for damages incurred as a result of that activity.

Daniel Spring & Co have experience as a longstanding adviser to Trade Unions and professional associations and regularly advise on industrial relations and Trade Union law.

If you have a query in relation to Industrial Relations or Trade Union Law, contact our specialist employment law team on 01 644 9900 or mail@danielspring.ie

This information is provided for information purposes only and does not constitute legal advice. Specific legal advice in relation to your situation should always be taken prior to taking any action on foot of this information.