Court service launches new Mediation Service.
On the 16th of May the Courts Service announced details of a new pilot mediation service to apply to Dublin District Court Family Law cases for a period of 12 months.
The mediation initiative will deal with issues of custody, access, guardianship, and, maintenance.
If a party expresses an interest in mediation, a briefing session will be organised to explain the mediation process, following which, a fast track application can be made available, through the Courts Service, with access to Legal Aid Board Services, and, general legal advice.
The Chief Justice of the Supreme Court stated that “It is a key objective of the initiative to seek to engage parties in a mediation process prior to issuing Court proceedings. In the majority of cases, issues arising from a family breakdown are most likely to be best resolved through mutual agreement; Mediation, particularly in advance of the “locking of horns” in legal proceedings, is of primary importance in achieving this. It is important to note, however, there is no bar on persons getting information about mediation, or, persons attending mediation where court proceedings are already instituted. Equally important is that arrangements are in place to refer mediated settlements to a Judge for approval; for example in cases concerning the appointment of a Guardian”.
There is no doubt but that this is a welcome development. The attendance at Court in relation to such matters is extremely traumatic for the parties concerned. Separation is an extremely traumatic episode in any married person’s life, and, is particularly so, where there are young children involved.
Mediation offers an alternative form of dispute resolution, and, is available not only in relation to Family Law disputes but also in relation to any other type of dispute capable of being litigated through the Courts.
The process of mediation involves the appointment of a mutually agreed mediator. The mediator ought to be experienced in the area of Family Law. The mediator acts as a third party neutral, and, does not issue any determination or recommendation. The job of the mediator is to try and facilitate a settlement, or broker a deal between the parties. The parties are free to choose to leave mediation at any stage.
The international statistics show that mediation has a 70% success rate, when fully engaged in by the parties.
Mediation is also strictly confidential and any statements or documents produced are entirely confidential and cannot be produced later in any court proceedings.
Mediation is also private and only the parties concerned are entitled to attend. The parties are free to speak at mediation or to be represented by solicitors.
Mediation is fast becoming a very successful means of alternative dispute resolution in all areas of law. It is far less traumatic for the parties concerned. The parties retain control of the process which is extremely important. This does not apply when a matter is opened before a Court as nobody has control of the outcome after the case commences.
Mediation can be organised quite quickly as opposed to obtaining hearing dates. Nobody is deprived of their right to attend at Court, if mediation is unsuccessful, or, should they choose not to attend to mediation. It is an entirely voluntary process, open to both parties.
From a cost point of view, mediation is far more suited to dispute resolution.
The parties can chose to attend mediation without legal representation and therefore save a huge amount of money in legal costs. Even when represented at mediation, the solicitor’s fees are far less than they would be if the parties were to attend at a full Court hearing.
Attending at a Court hearing may not be the end of the matter. An unsuccessful party may choose to appeal to a higher court thereby delaying the matter further, increasing the trauma on the parties, and, certainly increasing the amount of legal costs to be incurred.
The cost of the mediator is split equally between the parties and paid in advance so that both parties buy into the process. The costs are effectively capped if a mediated agreement is successfully reached. This mediation agreement can be then reduced to writing, and, submitted to the Court. The Court will then make an order in the terms of the mediated agreement and it will have the same effect as if the court adjudicated upon the matter.
Any party to any legal dispute should seriously consider mediation as an alternative dispute resolution mechanism to the traditional route of proceedings. There is no doubt but the savings in costs, the certainty of the outcome, the reduction in red tape and the significantly less amount of stress associated with it, make it a perfect fit for the resolution of a dispute between parties, with the assistance of a third party neutral.
Patrick Mullins
CEDR Accredited Mediator
Mullins Lynch Byrne Solicitors
Telephone 021 4340315
www.mlb.ie
