Family Law Mediation Ireland
Blanchardstown, Castleknock, 27 Upper Mount Street, Dublin City Centre
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?
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?
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?
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. 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 mediation 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?
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.
Please look to our family law practice areas to find the solution for your particular need.
If you would like to discuss any of the issues around separation agreements in Ireland, divorce, or relationship breakdown arising from marital breakdown or cohabiting breakdown, above, please contact us to speak with one of our reassuring family law experts about how we can help by email firstname.lastname@example.org or telephone (01) 8272888.
For a Solicitor for Separation Agreements and further information on separation agreements in Ireland please feel free to telephone our Family Law Solicitors at the office on 27 Upper Mount Street in Dublin City Centre on 01 827 2888 or use the quick enquiry form.
Your Expert Mediation in Ireland Legal Team
At Carmody Moran Solicitors in Dublin our experienced family law lawyers are on hand to advise and skilled in handling all nature of separation agreements in Ireland.
The two partners of Carmody Moran Solicitors in Dublin have a combined total of in excess of twenty five years professional legal experience. Together with their associates they as solicitors for separation agreements aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.
He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.
Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.
Niamh manages the family law, conveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.
*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.
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