Professional Practice & Partnership Conflict

Solicitors, accountants, medical and dental practices, architects, engineers — where clients notice and the profession talks.

A professional practice in conflict has a problem no ordinary employer has: the people arguing are usually the owners, so there is no more senior authority to appeal to, no HR function with standing over them, and no grievance procedure that means anything. A partnership dispute has nowhere internal to go.

What Actually Comes Up

Disagreements about contribution and reward that stopped being commercial some time ago — who brings in the work, who does the unglamorous administration nobody counts, whether drawings reflect effort. Differences over direction: investment, hiring, premises, whether to take on new partners and on what terms. The generational split, where partners approaching retirement and those carrying the workload have entirely different time horizons and neither will say so directly. Disputes about standards, delegation and supervision, which carry a professional dimension on top of the personal one and are therefore harder to raise. Conflict between principals and practice managers or long-serving staff, where an ordinary employment relationship is complicated by twenty years of familiarity. And post-merger conflict, which is among the most reliable generators of this work: two practices with different cultures, two sets of habits, and overlapping roles that were never properly resolved on paper. Note the boundary: where the practice is actually ending and the discussion turns to dividing clients, work in progress, capital, premises, the name, run-off cover and covenants, that is a commercial separation requiring each side advised — it belongs with commercialmediation.ie. This page concerns practices that are continuing.

Clients Come First — and the Small-Market Problem

Professional obligations to clients and patients sit above everything and constrain what any resolution can do: continuity of service, file handling, confidentiality, supervision and notice are not bargaining chips, whatever the commercial preferences of the people arguing. A mediation that starts by establishing those fixed points tends to move faster on everything else, because the genuinely negotiable set becomes visible. Then the market problem: in most Irish professions everyone knows everyone, so a public falling-out costs referrals, recruitment and reputation well beyond the practice — and the cost lands on all the partners, including the one who was right. That is handled explicitly: communications are protected by the Mediation Act 2017, sessions are normally held away from the practice premises, the fact of the process stays with those who need to know, and what is said to staff, clients and the profession is agreed rather than improvised. Where staff and partners are mediated together the asymmetry needs particular care, because in a small practice an employee is not merely reporting to a partner — every partner knows every detail, and there is nowhere else internally to go. Individual sessions first, express terms that participation cannot affect employment or appraisal, independent advice encouraged, a support person where useful. And where a staff member has raised a complaint requiring findings, mediation is not a substitute — small practices without an HR function are precisely where that mistake gets made.

A Practice That Has Become Difficult to Work In?

Confidential from the first call, and sessions held away from your own premises. Ten lines on the situation, everyone involved and the practice entity for the conflicts check.

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Related Reading

Professional Practice Conflict - FAQs

Three things. First, the people in conflict are frequently the owners as well as the workers, so there is no more senior authority to appeal to and no HR function with any real standing over them - a partnership dispute has no grievance procedure. Second, the market is small: in most Irish professions everyone knows everyone, so a public falling-out affects referrals, recruitment and reputation well beyond the practice itself. Third, professional obligations to clients or patients sit above everything else and constrain what any resolution can do - continuity of service, file handling, confidentiality and notice are not bargaining chips, whatever the commercial preferences of the people arguing.

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.