Keith Walsh, in the Gazette, explores how new legislation will affect family law.
Key changes
The newly commenced Mediation Act 2017 is to be welcomed by family lawyers, as it will encourage all those involved in the resolution of legal separation, divorce, and private child law disputes to seriously consider mediation as an alternative to court.
While the act only contains 26 sections, it made a number of changes that came into effect from 22 January and are immediately relevant to family law practice and procedure – especially in the Circuit Court hearing family cases.
The act contains principles in relation to the mediation process, agreements to mediate, and the role of the mediator. Codes of practice for the conduct of mediations, including the conduct of mediators, must be published by the minister “as soon as practicable”, and following submissions by interested parties.
A mediation obligation
Although not specified as an objective in its long title, a key aspect of the act is an increased obligation on solicitors to inform clients about mediation prior to the issue of civil proceedings.
Solicitors in family law cases must now give more information about mediation to clients before starting many cases. In addition, greater proof of compliance with these duties is required by the courts following the introduction of the new rules of court in relation to mediation, which came into effect in the District, Circuit and High Court as and from 22 January 2018.
Keith Walsh is chair of the Law Society’s Family Law Committee. Writing in the Gazette, he argues that the legislation has been a long time coming, and explores the most important changes in the legislation for family lawyers.
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