Events
Launch of Family Lawyer Mediation (5th March 2010)
Speaking at the launch of DSBA’s Family Lawyer Mediation in Ireland, Chief Justice John Murray said that the promotion of mediation as an alternative to litigation, which was of benefit to society as well as to the parties concerned, is a governmental task.
Pictured above from left are Jennifer O'Brien, partner Mason Hayes+Curran, the Honourable Mr. Justice John L. Murray, Chief Justice and the president of the DSBA.
He said it was a task which the Department of Justice, Equality & Law Reform could and should engage in for the benefit of society as a whole. He went on to say that the growth of mediation in other countries was due exclusively to the fact that it was a process that had proved to be successful and valuable not only for those in dispute but for society and the legal system. “It is in a sense an antidote to too casual recourse to litigation not only as a first but as the only option”. It reduces the burden on the parties concerned personally and economically and there was a saving for society both in terms of legal costs and in reducing the burden on a costly Court system and it allowed them to function more effectively.
Also speaking at the launch, Jennifer O’Brien, family lawyer solicitor and mediator with Mason Hayes+Curran, said that we are witnessing the emergence of a new vision of family law negotiations which is part of a broader movement whereby conflicting parties are encouraged to adopt a more conciliatory approach. Jennifer through her DSBA committee has introduced the concept of Family Lawyer Mediation in this jurisdiction arranging for provision of specialist training by Resolution (formerly the Family Lawyers Association of England and Wales). “Last year we trained over thirty Irish family lawyers as family mediators and they are currently offering this service to clients throughout Ireland.”
Family mediation is a process in which a couple appoint a neutral third party who is impartial, who has no authority to make any decisions with regard to their issues, which may relate to separation, divorce, children’s issues, property and financial questions. The mediator helps them reach their own, informed decisions, by negotiation, without adjudication. The mediator is a manager of the process and will consult with the parties with regard to the ordering of issues and the management of the agenda for each mediation session. Family Lawyer Mediators in this jurisdiction have designed a process which includes exchange of a sworn Affidavit of Means and discovery documentation for the purpose of preparing an agreed financial statement. It is only when this phase is complete, the parties will enter into the ‘brain-storming’ phase during which all the options available to them will be considered in open discussion, in respect of each of the issues. Trained mediators learn to address issues such as power imbalance. They learn to create a rapport encouraging mutual respect among the participants. The parties are encouraged to focus on interests and development of options rather than making proposals and counter proposals as commonly takes place in traditional bargaining. The process while structured is extremely flexible and allows one to take account of the particular needs of an individual family. The mediator requires skills in terms of normalising, acknowledgment, raising appropriate questions, use of language and management of negative behaviour. A good mediator will assist in unburdening the parties of their worst fears, creating a safe space within which to explore the options available. Jennifer said that critically, mediation is more likely to maintain a positive parenting dynamic, post-separation.
Mr. Robert Clerke from Resolution then outlined briefly the Resolution model of mediation which is designed for family lawyers to act as mediators and stresses the need for separate legal advice from the legal representatives advising, whose role remains very important. He said that mediators cannot advise in the mediation process but can give information in a balanced way. Therefore the best mediation involves the discussion and consideration of the options in mediation as one side of the coin with the supporting advice from the lawyers as the other. The mediation training provided by Resolution takes place over a period of six days and involves an intensive series of role play, prior reading and learning by doing. Resolution take particular pride in the quality of the documentation prepared during the course of the mediation process, which assists in obtaining independent legal advice and implementation of arrangements.
Should you require further information with regard to a family law matter, mediation, collaborative practice or any other issue pertaining to relationship breakdown please contact Jennifer O’Brien at 01 614 5000 or by email at jobrien@mhc.ieGo back
