Archive for the ‘Family Mediation’ Category
How Does Family Mediation Work in Practice?
Many people ask us how does family mediation physically work in practice? Some people start out under the false assumption that the process is somewhat like counselling. When it comes to family mediation services, Ireland has both public and private client options available.
Mediation is a dispute resolution process. It helps people to resolve their issues without having to go into a contested court case.
Mediation can be used to resolve issues regarding child custody, child access, guardianship, divorce, legal separation, sibling disputes, child maintenance, spousal maintenance, and disputes regarding inheritances amongst other matters.
Mediations can either take place with everyone in the same room, or the two sides to the dispute in two separate rooms. The mediators will either work with both parties present or work between the two rooms.
How long does mediation take? That depends on what needs to be resolved. In practice most family disputes take on average five to seven sessions to conclude. The sessions can last upwards of an hour and a half. Generally, no longer than that.
The mediators examine the dispute between the two sides and strip it down to it’s bare bones. They then examine how the dispute escalated. In doing so they have regard for all the different components of a dispute. The power balance between the parties, communication issues, gender issues, financial components, interests and positions and persuasiveness. Having regard to all the various components to a dispute the mediators lead the parties into a path of communication that leads them towards the resolution of the dispute.
We use the co-mediation method which uses a male and female mediator in each scenario. We find that two mediators provides better gender balance.
In the majority of cases, when we commence mediations, there is a lot of repair work to be conducted on the communications front. In disputes people have a tendency to issue the otherside with ultimatums. We teach people to switch off “the language of threats” and to revert into a problem solving stance. The tools we teach people in mediation serve them well in other types of disputes they encounter in life.
In entering the process the mediators ask parties to examine their needs and wants. They ask the parties to reflect on what outcome they would like to see to the process. More importantly they ask people to consider alternatives that might resolve the dispute.
The process starts with both sides getting a chance to read a short opening statement to the other side. Generally, its only a few lines in length. It can be as long as the parties like. It is not an opportunity to take pot-shots at the other side. We find in family mediations that parties use this as an opportunity to tell the other side why they are really here and what they hope to achieve. Parties generally reflect at this time on their desire for resolution for themselves and any children that might be involved.
The earlier part of divorce or separation mediations generally deals with the financial aspects of the dispute. Both sides make a financial declaration to each other in the financial summary document. The mediators assist the parties in organising their paperwork. Generally, this involves recent wage slips, P60’s, annual accounts, bank statements, credit card statements and any other documents used to vouch your financial circumstances. On average this can take two sessions.
The information and research gained from this part of the process will assist parties at the later stages of the mediation when we discuss future financial arrangements. Parties generally find this part of the process useful as it allows people to do some homework on their daily spend on bills such as groceries, utilities and clothing. Often people are shocked by the results as to how much they are spending. This is common place for the vast majority of families in Ireland today.
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Mediation – A different way of resolving disputes.
Mediation can be used in many different types of disputes, not just family law problems.
This can be seen from practice in Ireland, and the growing body of legislation that recognises the need for an alternative way of resolving disputes in this jurisdiction. Some of the areas in which methods of alternative dispute resolution are now being used are the following: Many commercial disputes are being resolved in this way, for example, contract disputes, disputes arising out of insolvency, franchising disputes, and, by virtue of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters, which will become law in Ireland shortly, even international commercial disputes.
The Commercial Court often directs that parties attempt mediation before proceeding with a commercial case. Over two-thirds of these referrals are said to result in agreement, which represents a substantial cost and time saving to the parties concerned. Also, a resolution of this kind, where all parties have participated in finding a solution to the problem, will go a long way towards preserving ongoing business and professional relationships.
Private disputes can also be resolved in this way. Landlord and tenant, and other types of disputes related to property, such as right of way cases, adverse possession cases, and trespass cases for example, can be solved these methods. Similarly, employment disputes are often referred to alternative dispute resolution, both under equality legislation and by the Rights Commissioner and Employment Appeals Tribunal.
A new area for alternative dispute resolution is that relating to schools. Mediation is increasingly used to solve disputes between teachers, students, parents and Boards of Management, and furthermore, a number of schools in Ireland are currently participating is restorative practices training, which teaches the students and staff the techniques of dispute prevention and resolution. A number of pieces of legislation, in addition to those already in existence in the family law area, have enshrined the role of alternative dispute resolution in recent years.
Under the Residential Tenancies Act, 2004, landlord and tenant disputes can now be resolved in this way. Similarly, under the Equality Act 2004, the Disability Act 2004 and the Medical Practitioners Act 2007, parties to disputes under these Acts can be directed to attempt alternative dispute resolution. One of the newer pieces of legislation in this area is the Enforcement of Court Orders Act 2009, which gives the judge the right to direct parties into alternative dispute resolution before a court case can proceed. The Multi-Unit Developments Bill, 2009, which applies to apartment buildings and some housing estates, also has similar provisions. Further legislation is currently being drafted, which is likely to make this method of resolving disputes applicable to many more disputes.
To return to the area of family law, Family Mediation Ireland can also assist you in such difficult disputes as those that might arise out of an inheritance situation, where beneficiaries are aggrieved, or children have taken an action under section 117 of the Succession Act 1965, on the basis that they were not adequately provided for.
A new area of family relationships that we work in is that of elder mediation, whereby we assist families in making short and long term care decisions for the elderly, in consultation with all the relevant family members, including the older person themselves. Alternative dispute resolution has been shown to be extremely successful in this area and, as in so many other disputes, preserves and enhances the relationships between all those concerned. For more information on our services in relation to any of the areas discussed above, contact us.