Divorce and separation proceedings can be lengthy, fraught and expensive, but there is an alternative: mediation – yet relatively few people avail of it.
In mediation, a couple who have agreed to separate use the services of a trained mediator to agree on the practical arrangements that must be made regarding housing, property and maintenance. The mediator does not make decisions or propose outcomes; he or she helps the parties to find solutions.
Mediators are either part of the State-run Family Mediation Service, now under the aegis of the Legal Aid Board, or operate privately. During 2013, some 1,935 couples were in mediation with the Family Mediation Service, of whom 43 per cent reached agreement. Another 36 per cent were still in mediation at the end of the year. It is not known how many couples used private mediators.
The almost 2,000 couples in mediation in 2013 is more than double the figure in 2006, partly due to the establishment by the Legal Aid Board and the Courts Service of mediation centres linked to District Courts in Dublin, Cork and Naas.
There are various reasons for the relatively low take-up, including the lack of a legislative basis integrating mediation into the legal system and a lack of State accreditation for mediators. These issues should be remedied in the Mediation Bill, which is likely to be published this year, along with proposals for a special family court structure.
Even with this, however, mediation will not suit everyone. It works best in cases where both parties are self-confident and able to present their cases and where they are emotionally able to deal with all the issues in a rational manner.