Oireachtas Joint and Select Committees

Wednesday, 13 March 2019

Joint Oireachtas Committee on Justice, Defence and Equality

Reform of Family Law System: Discussion (Resumed)

Mr. David Drakeford:

I make the point that this is almost analogous to the insurance industry, where sometimes one can have outrageous claims that must be addressed by the courts in order to be stopped. In places like Sweden and Finland, there is not the same pressure to go to litigation because everything is calculated. The first is support for children. That money is ring-fenced and everything else is split. If outrageous claims are not available through the courts, then people might not have the incentive to go to the courts in the first instance and may be prepared to try mediation. It may encourage and motivate people to move in that direction rather than down the litigation route. I personally know people from both of those countries who have reached satisfactory outcomes within six to nine months. It is a model that needs to be the subject of serious consideration. If we are going to reform the system, we must encourage mediation. It will not work for every case but if there is nothing to be gained by going through the courts then people will not necessarily engage expensive barristers and solicitors in order to try to seize assets or demand custody, when they do not necessarily deserve them, from the other partner.

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