Contact

Dublin and Kilkenny offices, neutral venues, on site — or fully online.

Dublin

The Ormond Building
31–36 Ormond Quay Upper
Dublin 7, D07 EE37
01 5827148
richardoshea@marymolloysolicitors.com

Kilkenny

2 Rose Inn Street
Kilkenny, R95 W58D
Monday to Friday, 9:00–5:30
Same-week appointments
All enquiries: 01 5827148

Before You Call — Five Things

1. The situation in ten lines. What is happening now, not the whole history — the history matters less at this stage than people expect.
2. Everyone involved, by name, plus the employer entity. The conflicts check runs before anything else, and it is better done in the first two minutes than the third email.
3. Where things stand procedurally. Informal conversations, a grievance lodged, an investigation started or finished, absence, suspension, a WRC complaint.
4. Whether any allegation involves misconduct, bullying, harassment, discrimination, safety or a protected disclosure. Some of those need a process that makes findings, and saying so early saves everyone a wasted month.
5. What a workable outcome would actually look like. The most useful sentence in the email — and the one almost nobody has written down.

Which Role Are You Looking For?

Say at the outset, because they are different instructions and are never combined in the same matter. Mediator — the neutral, accepted by everyone, acting for nobody, making no findings: either side can make the first approach, and often does, but the appointment needs both to agree, so a first call usually produces something you can put to the other side. Your own adviser — a normal single-client instruction, if what you need is someone in your corner rather than a neutral in the middle. Not sure whether this is even a mediation? Start with the Mediate or Investigate check, which walks the sorting questions in two minutes, or the Escalation Stage Check, which shows what is still available at the point you have reached. Neither stores anything.

Getting Started - FAQs

Yes. A first conversation is confidential and commits nobody - and it is not a step in any process, so it does not appear anywhere. What that conversation can do is explain how mediation works, what it can and cannot resolve, what would be recorded if it went ahead, and crucially whether your situation is one that should be investigated rather than mediated, which is a question a lot of employees are never given a straight answer to. It cannot be a mediation: an appointment as mediator needs both sides to agree, and if you want someone advising you rather than a neutral in the middle, that is a different instruction and is said plainly at the outset.

General information, not legal advice. This website contains general information about workplace mediation and Irish law. It is not legal advice and does not create a solicitor—client relationship. Every workplace situation turns on its own facts, and advice on yours requires a consultation.

The mediator is not your legal adviser. Where Mary Molloy Solicitors is appointed as mediator, the mediator is neutral: the mediator acts for no party, advises no party, makes no findings and decides nothing. This is so regardless of which party is paying the fee. All participants are encouraged to take independent legal advice, and in particular to take advice before signing any agreement reached in mediation. Employees may wish to seek advice from their own solicitor or trade union. The firm does not act as mediator in any matter in which it acts, or has acted, for a party — conflicts are checked before any appointment is accepted.

Mediation is not a substitute for a required process. Some matters must be investigated rather than mediated, including allegations of serious misconduct, matters engaging health and safety duties, and protected disclosures. Nothing on this site suggests that mediation should displace an employer’s statutory obligations, a grievance or disciplinary procedure where one is required, or a complainant’s entitlement to have a complaint formally investigated or to bring proceedings.

Fees. Fees for mediation are agreed in writing before the mediation begins, and fees for legal services are agreed in writing with the client at the outset. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Tax. Nothing on this website is tax advice. Where any payment or arrangement has tax consequences, those questions belong with your accountant or tax adviser and with Revenue’s own guidance, and are best addressed before anything is signed.