Juris Resolutions

There is much debate among legal professionals and indeed mediators as to whether a good mediator should be facilitative – that is someone who merely facilitates negotiations between the parties without imposing any personal opinions on the negotiations, or evaluative – that is someone who provides an opinion to the parties and/or who encourages the parties towards his or her view of an appropriate resolution.

In a mediated settlement, the drafting of a settlement agreement is the responsibility of the parties. The mediator can of course be available to facilitate the settlement process and to help the parties resolve any drafting problems.

Mediators prefer to be facilitative rather than evaluative. This is because no one can know a case as well as the party presenting it, and a mediator who presumes to do so risks making a serious error of judgement.

With Martin Blake being last year’s winner for International Practice Lawyer of the Year in our Legal Awards, we decided to get in touch with him and his team at Juris Resolutions, who discuss all you need to know about ADR.

Since 2017 the Republic of Ireland has a Mediation Act which aims to provide a structured development for ADR processes whilst seeking not to be too prescriptive.

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