Mediation

Mediation is a very useful mechanism for resolving Family Law disputes. It is particularly useful where there are children of the marriage. It is undoubtedly the case that children are upset at the thought of their parents separating. This sense of loss is exaggerated by the level of conflict between the parents. If parents can resolve their differences by way of mediation this at least will usually mean that they come to child centred decisions and it is usually much easier for them to continue to parent their children as a couple living separate and apart from each other. This can greatly minimise the upset and stress suffered by the children.

How does mediation work in a Family Law dispute?

• It is necessary for both parties to contact the mediator separately and to indicate that they are interested in pursuing mediation as a means of resolving the matters at issue.
• The matters that the mediator will usually focus on will be the arrangements in relation to the children including access, maintenance and parenting roles, division of assets including the family home and any investment assets that may exist, financial support (commonly known as maintenance), taxation status i.e. whether they should be separately taxed and pension issues.
• After obtaining some initial information we would usually meet with the couple and with view to teasing out the initial issues. Our preference is to try and address the parenting / child related issues at the outset but this will depend on the wishes of the parties.
• It is very important to note that it is the parties' process and agreement can only be reached if they can be prepared to compromise.
• The mediation usually takes place over a series of sessions lasting approximately one and a half hours each.
• If the mediation process is successful then we as mediator will prepare a document known as a Memorandum of Understanding. This memorandum is not binding on either party until it is converted into a legally binding Separation Agreement or a Court Order. Everything that happens during the mediation process is entirely confidential and cannot be used in later Court proceedings.
• Our role as Mediator is to assist the parties to find solutions that will allow them to move on with their lives. We are there to try and keep the parties focused on the issues and to bring about solutions that will hopefully work for them. It is not the Mediator's role to impose any solutions on the parties. While Brendan Dillon is a qualified solicitor with a long experience in Family Law he does not perform his role in Mediation as a solicitor. Lawyer Mediators cannot offer legal advice. We can provide information which may be of assistance to the parties. It is open to the parties to obtain their own legal advice throughout the process and in between meetings.

What are the other benefits of Mediation?

• Mediation is usually much quicker than a Court process.
• Mediation is usually less expensive and on average would generally save between 50% - 65% in relation to the costs that might be expected to be paid in the Court process.
• The parties usually come out of a mediation process with their respect for each other intact. This assists them in ongoing and future parenting roles.
• The negative impact of a long drawn out and acrimonious Court process is avoided and the impact on children is significantly better as a result of a mediated process.

Co-Mediation

• Most Mediations take place with one Mediator. However sometimes the parties may wish to have a gender balance and have the Mediation facilitated by two Mediators, one male and one female. Brendan Dillon is a member of the DSBA Family Mediation Service and Co-Mediation can be facilitated without any difficulty.

How do I start the process?

• If you wish to make an enquiry in relation to mediation and how it might assist you, you should speak with the other party to the Mediation process and confirm that you are both willing to engage in the process.
• Once you have both agreed to attend the Mediation session you can complete the information on the form below and I will then contact each of you very shortly and we can begin the process.
• The meetings would usually take place in our office at Unit A1 Nutgrove Office Park, Rathfarnham, Dublin 14.

To start the process please complete your details in the form below and click "submit".

One of the worries that parents usually have in the course of a separation is the effect of the relationship split on the children. There is no doubt that a relationship break up can affect children and very often their needs are not catered for appropriately.

It is important for parents to know that there are very useful resources available for parents who may wish to avail of outside assistance to deal with these matters.

The following is a list of useful contacts that may be of benefit:

Children

• Barnardos, Christchurch Square, Dublin 8, 01-4530335,http://www.barnardos.ie
• Childline, 1800 666666, http://www.childline.ie
• Mindworks, 087 9975226, www.mindworks.ie
• Rainbows Ireland, Loreto Centre, Crumlin Road, Dublin 12, 01-4734175, www.rainbowsireland.com
• Teenbetween (12-18 year olds), 01-6785256, www.teenbetween.ie

Parents

• Citizens Information Service, 1890 777121, www.citizensinformation.ie
• Help Me To Parent, 087 6899582, www.helpmetoparent.ie
• Irish Association for Counselling and Psychotherapy, 01-2723427, www.iacp.ie
• Legal Aid Board, 1890 615200, www.legalaidboard.ie
• Marriage and Relationship Counselling Service (MRCS), 38 Upper Fitzwilliam Street, Dublin 2, 1890 380380, mrcs.ie
• Money Advice and Budgeting Service (MABS), 1890 283438, www.mabs.ie

Brendan Dillon is a member of the Dublin Solicitors Lawyers Mediation Group which is a group of Lawyer Trained Mediators that were trained by Resolution who promote and practice Family Law Mediation.

If you require advice in relation to any of the services listed above or if you wish to receive copies of our client newsletters and / or our business ezines please contact us on 01-2960666 or at info@dillon.ie.