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Alternative Approaches to Resolving Family Law Disputes

The use of Alternative approaches to resolve Family Law Disputes as opposed to the traditional method of going to Court is becoming more the norm in Family Law Matters.

The various approaches which are used are:

1. Negotiation
2. Mediation
3. Collaborative Practice

Negotiation

The traditional method used to negotiate Family Law Disputes is by way of negotiation between the parties resulting in a Separation Agreement or when Proceedings are issued negotiation again between the parties and their lawyers resulting in a settlement of the case and that settlement been made an order of the courts.

Mediation

Mediation is a service to help couples who have separated to negotiate their own separation terms. At the present moment mediation talks cannot be entered into if there are Court Proceedings in being.

The Family Support Agency provides a service to couples who are separating. Mediators are all highly trained. Appointments have to be made by both couples. There are full time offices based in Dublin, Cork, Galway and Limerick. The Dublin office is based at 1st floor Saint Stephen Green House, Earlsfort Terrace, Dublin 2, telephone 6344320.

Collaborative Practice

Collaborative Law is a new method of resolving Family Law Disputes whereby lawyers who are instructed by the parties going through the separation enter into a Contract that disputes between them will be resolved out side the Court Process.

It differs from Mediation in that the clients are assisted by their own collaboratively trained Solicitor and there is no neutral Mediator. The collaboratively trained Solicitor engages with their clients in a series of meetings. The meetings work through an agenda of issues deemed by the clients to be important to them in the resolution of the matters in dispute. The clients have access to their Solicitor through out the entire process.

The one negative aspect of the Collaborative Process is that if it fails than neither lawyer is allowed continue to represent either client and both clients have to hire new lawyers to bring the Proceedings to Court.

Divorce is now the fastest growing marital statistic with a number of Divorced persons in Ireland increasing from 35,100 in 2002 to 59,500 in 2006. There is a need for such separations to be negotiated in as far as possible with the least acrimony and without the necessity of recourse to the Courts. The increased usage of alternative methods of resolving Family Law Disputes is to be welcomed.

Seeking Family Law Advice

For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Family Law.

This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.