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Growth market for mediators
25 October 2009 By Ian Kehoe
There has been a surge in the number of people training as mediators as the economic downturn forces professionals to seek new career opportunities.
More than 100 people have been accredited as members of the Mediators’ Institute of Ireland (MII)this year, bringing its total membership to more than 350, its highest ever.
Karen Erwin, president of the MII, said the majority of the new members were professionals such as barristers, solicitors , engineers and accountants.
‘‘A lot of the new members would have been working in property or finance and they have seen a massive decline in business. They are coming to mediation because it is a growth business and it adds a further string to their bow," said Erwin.
She said that counsellors and therapists were also qualifying as mediators, as were people who had previously worked in human resources.
According to Erwin, the recession has also led to an increase in the number of cases coming to mediation, a nonbinding process where a neutral mediator helps disputing parties to reach agreement.
‘‘We are seeing a big rise in workplace disputes, disputes between one-time business partners over deals, failed joint ventures and so on," she said. ‘‘We are also seeing a lot of companies call in mediators to help facilitate changes to the workplace, such as downsizing."
Erwin, a practising mediator, is a former chairwoman of the Equality Authority and was previously a partner in A&L Goodbody and a director of the Irish Times.
Details of mediation cases are confidential and there is no register of disputes, so it is not known how many cases go to mediation each year. However, Erwin said that the Commercial Court was referring more cases to mediation and some parties were trying mediation before going to the courts to resolve a dispute.
Erwin said that the process was successful in ‘‘about 80 per cent’’ of cases. ‘‘It is a much cheaper process than going to the High Court for three years," she said.
‘‘The key thing is that there is no judgment. The mediator works with the parties to reach an agreement that they have designed themselves. The aim is to facilitate the sides to reach their own deal."
Erwin said there was more scope for the use of mediation, particularly in the public sector. The Bord Snip Nua report proposed using mediation as a first option to resolve disputes in the public sector, and Erwin intends to hold meetings with the government about such a move.
‘‘It makes sense," said Erwin.
‘‘I plan to go out there and beat a drum and tell the government departments that they can save time and money by using mediation. If it fails, they have other options, but they need to start using the process more." Erwin said many businesses were also calling in mediators as a preemptive measure. For example, she said that many joint ventures partners were asking mediators to help work out their agreement before they formally went into business.
‘‘We can ask the awkward questions that business partners don’t like to ask. That is the job," she said.
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