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The Mediators’ Institute of Ireland is a professional institute that does not assign Mediators’ to specific cases, nor does it evaluate the performance of Mediators through direct client feedback. This Review included a self-declaration by the Mediator of client feedback – both verbal and written. Mr Kenny, commercial Mediator, has enjoyed a high level of success in his mediation work over the past four years, the majority of cases having settled or part-settled on the day or shortly thereafter. The responses and feedback from both parties and lawyers acting for the parties has been very positive. Mr Kenny’s success can be attributed to many characteristics and styles, but predominantly his attention to detail in the pre-mediation preparation stage, particularly his ability to gain the trust and confidence of the parties and their representatives in both him as Mediator and in the process from a very early stage. He achieves this by addressing the core issues and challenging the alternatives to non-settlement even before the mediation has begun. Mr Kenny is very courteous and comforting in his initial approaches and displays a keen interest in hearing what people have to say, especially the parties. Verbal feedback to Mr Kenny indicates that clarity of process and his active support of parties to engage constructively are key to his success. Also, allocating productive work to the parties during private sessions, for example, exploring solutions and options for settlement and considering the strengths and perspectives of the other parties, ensure effective results. Mr Kenny’s strong business background in forensic accounting allied with his different business roles including Consulting Partner with OSK and varied directorships and chairmanships provides him with an in-depth knowledge and experience of commercial requirements which informs his mediation practice. In mediation, Mr Kenny ensures fair and equal treatment of all parties and no information is passed from one party to another without clear and concise agreement on what is to be said and the likely impact. Mr Kenny provides a supportive environment to parties in what can be a challenging and demanding process, pacing the mediation in line with the requirements of the parties to enable positive and creative engagement. Mr Kenny is comfortable with strong emotion and empathetic to parties in dispute. On occasion Mr Kenny has had to manage lawyers acting counter to the mediation process and has done so, not in a disparaging manner, but in a way that confirms the parties’ ownership of the dispute. The lawyer’s role is very important but it is quite different to that of the Mediator. In one case he reminded the lawyers and other consultants of their responsibility to their clients and not to be (or even appear to be) a blockage to an outcome that the parties themselves were happy with. Key to Mr Kenny’s approach is his belief that the parties are best placed to resolve the dispute with his help. While he is tough on identifying what exactly the problem is/was and how the parties can move to get it fixed, he is courteous and respectful in his engagement. His wide range of mediation and negotiation skills are evident from verbal feedback he has received in relation to his mediated cases. There is also evidence that he is very much a facilitative Mediator who encourages the parties to take ownership of the dispute. No reportable negative comments have arisen in the past four years.
This feedback digest was last updated 13 November 2009.
This feedback digest was last updated 13 November 2009.