I recently became aware of a very frightening statistic with respect to mediation in Ireland. In 2006, out of approximately 26,000 cases applying to the Irish family courts, only 3% of these had any exposure to a mediation service/process. There is no polite way to sum up that data – it is no less than appalling to hear that mediation was either sought or provided in so few of these cases.
Everyday I hear anecdotal evidence from family cases and/or from support organisations with whom I deal with, suggesting that still, today, there is a serious failing on behalf of the legal sector in Ireland to advocate mediation as a first stop for family cases. Of course this evidence is anecdotal but certainly applies to the vast majority of cases that I, personally, have encountered.
Many people are still unsure as to what mediation actually is. Where does the boundary lie between mediation and the legal process? Is mediation a form of counseling? These are the main questions that people tend to ask about the process. I will attempt briefly to answer them below:
Q. Where does the boundary lie between mediation and the legal process?
A. Mediation is best seen as a process that complements the legal route. Many mediators are capable of drafting high quality legal agreements for the purposes of marital separation, etc and they work in tandem with any legal counsel that the client should choose to avail of. However, for other cases such as community disputes, etc, people should not be put off by this formal guise, mediation can also be a less formal mechanism to help resolve tensions and conflicts within families or in communities, without the need for any legal intervention. Mediation empowers people to help themselves by involving them in the entire process and allowing them to decide the outcomes; more serious cases are complemented by the legal profession if it provides a greater degree of confidence amongst the clients.
Q. Is mediation a form of counseling?
A. Short answer is no. Some mediators may be qualified counseling practitioners but the mediation process is not a counseling process. It is however, true to say that mediation can eliminate many of the problems experienced in the daily lives of people in conflict and while not a form of therapy, can aid people to remove many obstacles that prevent them from fulfilling their daily life or facilitating their recovery from a bad event in their life. Mediation is conflict resolution and resolving conflict is the often the first step towards recovery but should not be thought of as therapy for serious problems.
Other questions that I have had from clients include “was my solicitor obliged to tell me about mediation before I went to court and the judge told me to try mediation first?”. Yes, most definitely! Your solicitor should be fully aware of mediation services in their locality and should advise you of these services, what they can offer, and that they can be an effective way of resolving disputes without the need for court time or prolonged legal entanglement.
Hopefully in the coming year we will see a transformation of the way in which mediation is promoted and viewed in Ireland. There are so many positive outcomes from mediation and so many cases that have benefited greatly from mediation, not least by reduction of professional fees compared to traditional alternatives. We shall await and see.
