Family Mediation Ireland

Archive for the ‘Mediation’ Category

Both Collaborative law and mediation offer the client a better alternative to protracted and costly court proceedings.

Whereas collaborative law has provided a new direction in terms of alternative dispute resolution (ADR) the process has obvious cost implications where two lawyers are involved as opposed to one mediator. This has the effect of increasing legal costs by a certain amount.

Furthermore, for some couples it is not possible to sit face-to-face to negotiate a mediated agreement. Mediation can be conducted with both parties in separate rooms whereby the mediator travels between the two separate rooms until such time as an agreement is reached. For some separating couples the prospect of sitting at a table together can be too much.

Furthermore, if the collaborative process is not fruitful the parties will lose the representation of their respective solicitors who must withdraw from the process if it does not succeed. By virtue of the agreement signed by the parties at the start of collaborative law process, they must now instruct new solicitors where the previous process has failed. This vehicle was incorporated into the collaborative process to place a clear incentive in the negotiations for the respective lawyers to obtain a settlement for the clients where possible and practicable. That aside the benefits of colaborative law over the standard litigation model are immense.

The end of the relationship can be a particularly traumatic event for both the separating couple and their immediate families. Accordingly, it is important that the correct decisions are made at a very early stage to ensure that the separation does not descend into all-out fighting. Family mediation gives the parties the freedom to control their own destiny in a positive and caring environment.

Under the law judges are restrained in terms of the types of decision that they can make under the family law legislation. Parties working with a mediator have unlimited opportunities and possibilities at their disposal to allow them to reach a mediated agreement.

Mediation allows the separating couple the option of completing their own divorce or DIY divorce. Family Mediation Ireland recommends that even where parties have reached their own clear terms of agreement they should obtain legal advice on this agreement before making the agreement legally binding by a deed of separation or court order.

Going to court is not an easy process. It can take its toll on separating couples and their children both emotionally, psychologically and financially. Whilst the majority of cases do settle outside of court the implications arising from the acrimony surrounding the court case can leave families damaged for years if not decades. In situations where parties are not fully in control of their settlement, separating couples are left with the impression that any deal reached was outside of their control. Oftentimes, this can leave couples feeling cheated or hard done by.

Private client family mediation services allow parties to reach their own agreement without the cost and difficulties associated with protracted court proceedings. Mediation can act as a cheaper prelude to a diy divorce. Furthermore, this will allow the family to move on after the separation and provide a better environment for the children of the parties. Family mediation gives separating couples the opportunity to foster goodwill towards each other and sets the foundation for a better future for their children.

As soon as mediation is completed the mediator will provide the parties with the option of taking their mediated agreement to their respective solicitors to have same legally reviewed and incorporated into a legally binding document. Many separating couples have asked the question as to why they should not go directly to the respective solicitors and have them negotiate the deal between their respective offices?

Negotiations can sometimes descend into cattle trading where the emotional needs and viewpoint of the parties are not correctly incorporated into a more holistic process such as mediation. By involving a mediator the parties are removing the risk of important key messages being lost in translation. Separating couple take a direct role in dictating their own future without placing same exclusively into the hands of their legal advisers.

Maintenance is generally divided into two different categories. Child maintenance and spousal maintenance. Child maintenance is of primary concern to separating couples. Generally, where the children are residing primarily with one of the parties, financial provision will be made for the extra expense incurred by that spouse in accommodating the children. Pursuant to the rules of the District Court the maximum sum of money payable per week for a child is €150 per child per week. The maximum amount of maintenance payable to a spouse under the District Court rules is €500 per week. The court cannot order maintenance payments to a partner who is not married. They can make an order for maintenance to be paid for the children however, even where the paries are unmarried.

In present recessionary times both of these limits are seldom if ever reached. Under the law parents have a responsibility to provide for their children financially up and until 18 years of age or 23 years of age where they are in full-time education.The financial needs and monetary resources of both parents are taken into account in District Court proceedings where maintenance is at issue. By contrast family mediation allows the respective parties an opportunity to negotiate their own maintenance terms to taylor suit both their own needs and the needs of the children.

Maintenance arrangements may need to be reviewed as time goes on. The financial circumstances of the parents can change from time to time. Furthermore, the expenses associated with schooling and health care of the children can change as time goes on. Family Mediation Ireland provides parties with an open and fluid mechanism through which the financial needs of the parties and their children can be agreed.