Misconception of mediation as marriage counselling
The Legal Aid Board has responded to a countrywide shortage of mediators by setting up an annual in-house training scheme, according to chief executive Joan Crawford.
Crawford said that a mediation service could help resolve minor disputes that often led to repetitive and expensive court appearances.
“Going in and out of the District Court 30 times for everything in a child’s life … isn’t going to work in the long run for relationship-building and the relationship with the child.”
The Legal Aid Board has recently appointed regional mediators in locations such as Waterford and Dundalk.
The seven-month LAB mediation traineeship would grow the profession to high standards, as the current pool of mediators was small and many preferred part-time work, Crawford said.
Of nine trainees in the last batch, eight have taken up positions in the LAB.
“It’s our own way of growing the profession, and ensuring proper training,” said Joan Crawford.
“We are working very hard to increase the number of people who come into mediation, so therefore we need more people trained.”
To supplement internal LAB mediation staff, a panel of private practitioners was also established two years ago.
The chief executive would like to see mediation integrated in the broader family-justice system, and increased community awareness of the option.
Under the Family Courts Act, there is a push to ensure the presence of mediators in the two family-justice hubs which will begin operations next January.
Expertise
The Legal Aid Board provides specialist training in child-inclusive mediation and child-abduction cases, both areas in which it is considered leaders in expertise.
“There is specialist training to do child-inclusive mediation,” explained Crawford.
The board is also working with family-resource centres to provide information sessions on the option of mediation.
While Joan Crawford does not advocate for mandatory mediation, she does support compulsory information sessions to combat the ‘fear of the unknown’.
The service remains completely free to all citizens, regardless of income, which is a primary selling point for reducing legal costs.
Crawford points to the misconception that mediation is akin to marriage counselling and the need to address this with an information campaign.
Value
She believes the success of the mediation service in Dolphin House demonstrates the value of having mediation available directly in the courthouse.
“I’m in favour of mandatory information sessions.
“I do think there is a debate to be had, as to whether before someone goes in and issues an application for maintenance or access, that they should try mediation even once,” she said.
“I think it would be a welcome discussion, and it would be timely to have it,” she said.
“If it isn’t for them, it isn’t for them.
“There is a value in having a debate with those who would be very against mandatory mediation.”
Even if mediation did not lead to agreement, it could help parties to understand each other’s perspective and the underlying issues, Crawford added.