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  • Appropriate Dispute Resolution (ADR) In Ireland
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Appropriate Dispute Resolution (ADR) In Ireland

A Handbook for Family Lawyers and their Clients


An authoritative and practical guide to family mediation and collaborative law

Paperback i

Book printed softcover

Appropriate Dispute Resolution (ADR) in Irish family law is a huge growth area which is being promoted both by government, at a policy level and by statute, and also by knowledgeable clients. The economic climate has facilitated a shift toward cost saving and non-court resolution options such as collaborative practice and mediation. The draft Mediation Bill 2012 provides that solicitors and barristers have a duty to provide information and advice on mediation.

Appropriate Dispute Resolution in Ireland is the first title on this topic devoted to the requirements of the Irish market and will assist family lawyers to embrace ADR as an integral part of their practice and educate family law clients on the workings and advantages of ADR.

Postage and packaging free within mainland UK, non-mainland UK and overseas p&p will be charged at cost. Euro price set at 82.00 + 11.00 P&P (estimated on the exchange rate as of 09/06/2015) and is subject to change.
  • Development of Family Law in Ireland since the introduction of Judicial Separation and Divorce
  • The Adversarial Nature of the Family Court System
  • Lack of Resources Within Current System
  • Mediation
  • Collaborative Practice
  • Neutral Experts in Family ADR
  • Finality Within Reason
  • Appendices:
    • Frequently Asked Questions About Mediation
    • Frequently Asked Questions About Collaborative Practice
    • Agreement to Mediate
    • Mediation Information Form
    • Open Financial Statement
    • Memorandum of Understanding
    • The Mediators’ Institute of Ireland MII Code of Ethics and Draft Mediation and Conciliation Bill 2010
    • Draft General Scheme of Mediation Bill 2012
    • Participation Agreement
    • Retainer Agreement
    • Affidavit of Means
    • Expectation of Conduct Sheet
    • Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
    • Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133
    • Resources/Support Services
    • Law Reform Commission Summary of Recommendations
    • HSE Standard Form for Reporting Child Protection and/or Welfare Concerns
    • Biographies of Contributors
    • Bibliography and recommended further reading
Click here to read the full content listing
"absorbing book by Josepha Madigan, with its clear and practical approach ... the publication of this book is therefore timely, it being, apparently, the first title on this topic devoted to requirements of Irish professionals, as well as their clients who can also benefit from the practical guidance provided on ADR.  Certainly, the author explores the pitfalls of ADR as well as its advantages ...  the book will emerge as ‘a reference tool for the judiciary, lawyers, mediators, collaborative practitioners, counsellors psychologists, psychiatrists, therapists, GPs and all those who are at the coalface of relationship breakdown .. this book should rank as a must-read work of reference and an invaluable acquisition for any professional involved in this complex and sensitive area."
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"A welcome addition to the reference books available to family lawyers ... this book helps us to identify the importance of recognising where our clients are ‘at’ and the fact that both parties are in dispute can achieve a resolution while maintaining mutual respect and dignity ... a further attraction of this book is the interesting contributions from well-known family lawyers and mediators who share their experiences of working in ADR and how this approach has benefited their clients… provides the relevant information, precedent forms, EU regulations and most usefully two appendices 1 and 2 which contain FAQs about mediation and collaborative practice … a very useful addition to every lawyers library”
Joan O’Mahony
 Dublin Solicitors Bar Association, The Parchment, Autumn 2012, Issue 53

"This book is very comprehensive and accessible to practitioners as we as family law clients. It also highlights the advantages and disadvantages of the process"
Dr Aisling Parkes, University College Cork
My motivation in writing this book is three-fold. Firstly, I hope to inspire other family lawyers to embrace appropriate dispute resolution (ADR) as an integral part of their family law practice. Secondly, I hope to educate family law clients, particularly separating and divorcing clients, on the workings and, ultimately, the advantages of ADR. My third objective is to raise the awareness of ADR and demonstrate how it works while exploring the pitfalls and advantages. ADR is not designed to take work away from litigators, it is designed to empower clients with a viable, and often more appropriate, mechanism for resolving family law disputes. I hope that this handbook is used as a reference tool for the judiciary, lawyers, mediators, collaborative practitioners, counsellors, psychologists, psychiatrists, therapists, GPs and all those who are at the coalface of marital and relationship breakdown.

 I hope that separating and divorcing clients will find it useful in terms of the information and explanation it provides. Breaking up is inherently difficult, aside from the obvious bars to ADR, many suitable clients do not avail themselves of ADR processes such as mediation or collaborative practice to resolve their disputes. Why this is so is perhaps due to a lack of knowledge or misinformation around ADR, I hope that this book will help redress that gap. Although mediation has been around for some time in Ireland, collaborative practice is a relatively new dispute resolution in this jurisdiction.

(Note: all references to the ‘Report’ throughout the book refer to the Law Reform Commission’s Report on Alternative Dispute Resolution: Mediation and Conciliation (LRC 98-2010). The reader should be aware that legislation such as the Mediation Bill 2012 has not yet been finalised at the time of this book going to press).

Josepha Madigan,
 May 2012

Family law is no longer limited to issues between a parting husband and wife concerning their children, the family home and maintenance. Within the category of family law cases coming before the courts nowadays is an ever-expanding range of persons such as unmarried parents, co-habitees, same sex couples, grandparents with rights of access and donors of sperm or eggs for IVF treatment. Moreover, the issues needing to be resolved have become more complex. Some reflect the current state of the economy such as applications to relocate. Another complicating factor is the increase in family cases involving one or more parties from abroad which means that cultural aspects need to be understood and addressed.

 A common factor in almost every family law case however, is the emotional aspect such as the hurt, disappointment, lack of trust and often anger which is involved. In this context, the adversarial system in our courts is a very blunt instrument limiting as it does, and often preventing, the opportunity for any positive communication between the parties. As a result, family law cases which go to court can cause further damage to the relationship between the parties and their children. And for all involved, including the lawyers and the judge, such cases can be either frustrating, stressful or both.

 It is little wonder that the shortcomings of the adversarial system have been recognised in most of the common-law countries, such as England, Australia, New Zealand and Canada, by the introduction of non-adversarial mechanisms, such as mediation, as an integral part of their family law court procedures. Some legislative procedural changes have been brought about here in Ireland as well and more are contained in draft legislation designed to ensure that the use and effectiveness of mediation, in particular, is increased. In addition, many legal practitioners have themselves taken the initiative by adopting collaborative law schemes on an agreed basis, to better address the needs of their clients in a collegiate and cooperative way.

 All initiatives designed to improve the resolution of family law disputes are to be welcomed. Just as important is the access to information by both lawyers and clients so that they can be aware of such initiatives, of what they entail in practice and how to avail themselves of them.

 This is precisely the gap which this publication aims to fill. It combines legal information on family law issues together with information on alternative and appropriate dispute resolution mechanisms. It includes informative contributions from a range of experts in areas which are particularly relevant to family law disputes, such as child psychology, family therapy, accountancy and pensions. Of particular benefit in this publication is the inclusion of specimen agreements, such as a mediation agreement, and a most useful list of support services available.

 As the title confirms, this is a hybrid publication which addresses not only lawyers but also parties seeking to have family law issues determined. As such it is a most welcome and informative publication on ADR and, indeed, is the first of its kind in Ireland. It will provide invaluable assistance to all involved in and concerned with the resolution of family law disputes.

Her Honour Judge Petria McDonnell
 Circuit Court, May 2012

Josepha Madigan, Family Law Partner, Accredited Mediator and Collaborative Practitioner at Madigans Solicitors, Dublin. Plus a team of specialist contributors
Josepha MadiganJosepha is the family law & civil litigation partner at Madigans Solicitors. She has fifteen years PQE experience in the family law courts representing clients in the area of guardianship, access, custody, separation, divorce and ancillary matters. She obtained a diploma in Arbitration from UCD in 1998 which sparked her interest in ADR.

 Josepha is a member of the Law Society of Ireland and the Law Society of England and Wales. She is a Resolution trained accredited mediator specialising in family disputes and separating clients. She is a council member of the Mediators’ Institute of Ireland (the MII). Josepha is a practicing collaborative practitioner and an active member of the Dublin Collaborative Practice Group. She is also a member of the ACP, the IACP and CEDRE Exchange.

 Josepha is an active member of the DSBA (Dublin Solicitors Bar Association) Family Law and Minors Committee. She is also a founding member of Dublin Resolution Centre, a centre which specialises in resolving disputes through ADR methods. She has lectured on behalf of the DSBA, the Law Society of Ireland, the CPD Solicitors Group Scheme and the ICAI in family law matters.
 Josepha also sits on the private practitioner panel of the legal aid board for district court and circuit court family law matters. Josepha has a primary degree from Trinity College Dublin in French and German.

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