Mr. Keith Walsh:

Currently there are provisions in the Mediation Act 2017 that have greatly strengthened the obligations on solicitors when the client comes in to the door on the first day. A solicitor must now swear a statutory declaration that mediation has been discussed. That has been far more effective than the old system of certificates. That is in place. If matters can be resolved outside the courts, that is the best way and it is certainly in the family law guidance that we give to solicitors. When it gets to court, we need the active case management intervention of a judge immediately. Currently, one goes to the county registrar for case progression within the system but while the county registrar does not have the same "teeth" as a judge, people really only see a judge at the end of a case. What we are considering now is perhaps introducing the judge at the beginning to say that although parties are in court, they can still consider all this alternative dispute resolution, with the judge leading an examination of how far the case would need to go. The judge would do two things. Currently, the county registrar does case progression or management but we could certainly look at having a judge look at case management and stating that although such action could be taken, parties might consider alternative courses of action. That probably would not be the judge who ultimately would hear the case but if a judge could be put into the process quickly, it might help to resolve cases that currently take a lot longer and which could be done much more quickly. The process could be front-loaded. This involves a commitment of resources from the Judiciary and from the practitioners and parties involved.