Mediation brings greater chance of satisfactory resolution in Family Law - report from the Irish Law Gazette
Circuit Court Judge Keenan Johnson suggested mediation as a way forward to keep family law disputes of out a courtroom setting.
Again the case for suggesting reform of Family Law system is suggested, following a report from September this year in the Irish Law society gazette.
The report looked at 2019s Legal Aid Board annual conference for Ireland, which was held at Blackhall Place on the 25th September 2019.
Circuit Court Judge Keenan Johnson suggested mediation as a way forward to keep family law disputes of out a courtroom setting.
Interestingly, he also suggested that mediated settlements have a better long-term chance of success than court orders. This would suggest that families and couples achieve the stability and outcome necessary to move forward with their lives.
Court facilities are often subject to pressures for time and space. These delays can often add to frustration, anxiety, anger and stress at an already painful and exhausting time.
Mediation and arbitration offer alternatives which can bring satisfactory conclusions to all clients, in a shorter time span, alongside alleviating time and pressure in an overburdened court system.
Furthermore, court settings are frequently not user-friendly or client centred. They can also considerably increase costs. At the same conference, Chair of the Family Lawyers Association and senior counsel Sean O Hullachain, said that the Bridewell court is not a suitable setting for family law hearings.
It was also suggested that making family law less adversarial would require a change in mind-set but changes can be achieved. Changes can often be seen as a threat, but can often bring positive results and offer alternatives and choice. A change in mindset of professionals can be hard, but if it is the best interests of clients, to support their choice and autonomy, it is a necessary process.
It was also said there should be an automatic assumption that mediation is the best route in every family law case. Certainly the choice of process used and clients being informed as to their options to make their own decisions, with the expertise and guidance of professionals, would be preferential.
Family Law outcomes were also suggested to be greatly dependent upon who the clients selected to represent them and who they approached to help remedy their dispute. The conference suggested how a family matter is dealt with is hugely influenced by the choice of lawyer, as well as other factors such as the judge in court.
We are pleased to see the choices to dispute resolution, to further best interests of clients and their children, being upheld and supported.