Family Law Mediation Ireland

Mediation

If you decided to separate or divorce, a mediator can help you to negotiate your own terms of agreement in a process known as mediation.

What is family law mediation in Ireland?

Mediation is a service that allows a couple to make their own decisions which aims to ensure that everyone’s needs and interests are met. 

Mediation is not marriage counselling or a legal advice service.

Who is the Mediator?

In Family Law Mediation in Ireland, a mediator is an impartial, independent person whose role it is to facilitate discussions between two people whose relationship has ended. The mediator is neutral, does not take sides, and works to ensure that the views of both parents are heard and that solutions are reached.

Why go for family law mediation Ireland?

Relationship breakdowns are traumatic for everyone affected by it.  Mediation has lots of advantages, it can help couples decide how to move forward separately in a way that works for them, and for their children.  Doing this directly, gives parties the opportunity to voice concerns that the legal process does not allow for, finding your own resolution can foster goodwill for the future, rather than conflict based approaches which can permanently destroy already strained relations.

As mediation is a voluntary process, it can mean that decisions made have more “stickability” because the parties involved have reached the decision together and are more likely to  have volunteered commitment to the agreement reached. This is especially so in issues concerning the living arrangements for children.

Terms of the Separation Agreement or a Parenting Plan can be reached through mediation. The mediator is a facilitator to reaching the settlement, rather than an advisor or a therapist.

Mediation can assist resolve differences such as access and custody issues, disagreements over the division of assets, maintenance, and all the kind of issues that can arise in relationship breakdown. Sometimes agreement may reached on some of the issues, and other types agreement can be reached on all of the issues, both types of agreement can be very beneficial. Mediation gives parties the opportunity to fully explain their position so everyone knows where they stand and to detail their own particular circumstances, thus it can provide for a solution based outcome that suits the needs of the parties in a way that an outsider imposed order may not.

A mediator cannot provide legal advice, so parties should have their own solicitor throughout the process to advise on the law in Family Law Mediation Ireland. Your solicitor will be able to guide you through the process and is there to advise on whether expert evidence is required (e.g. in relation to the value of particular assets, such as property, businesses and pensions) as well as the fairness of the overall settlement being explored.

Should I sign an Agreement in Mediation?

If you agree matters for a Separation Agreement in mediation, the mediator will reduce the terms to a written Memorandum of Understanding.  This is not a legal Separation Agreement.   It is generally not advisable to sign a Memorandum of Understanding until such a time as you have received independent legal advice so you understand fully the legal and financial consequences of the agreements you are committing to with your spouse. 

In family mediation parties are seen both separately and together. The mediator may first meet parties separately to ensure both are happy to start mediation and feel safe working with the other party. After mediators will usually try to work with the parties together. 

How long does family law mediation in Ireland take?

Mediation sessions generally take place over a period of weeks or months, and address whatever agenda or list of issues the parties draw up together. If the mediator feels that little or no progress is being made over time, they will tell you and recommend alternatives.

There may be an exchange of financial information but this is not a substitute for formal disclosure that will be required after the mediation before a legally binding agreement is executed.

What happens at the end of family law mediation Ireland?

At the conclusion of the mediation, if settlements have been agreed, a solicitor will also most likely be required in order to make the mediation agreement legally binding, by means of a Separation Agreement or a Consent Order for Divorce or Judicial Separation.

On occasion in a protracted family law matter a legally qualified mediator may be appointed between the parties in a lawyer supported mediation.  This can be useful in situations where there are considerable financial assets and liabilities to resolve, it can sometimes involve also third parties if there are broader issues at play.  The partners at Carmody Moran Solicitors LLP have participated in such lawyer led mediations with spouses, and on occasion third party representatives also for financial institutions, banks, creditors (sometimes family relations), or businesses, where there are other interests also to be determined.