Ms Caroline Counihan:

I completely agree with Mr. Walsh that, as a general rule, front-loading is the way to go with early and active case management. I have been an advocate of that for years on the criminal side whether children or family matters are involved or not. The principle of mediation and alternative dispute resolution has certain limitations and one should be wary of advocating it or using it in any situation where there is an indication of sexual or domestic violence or an abusive situation of some kind or another. There is much potential for the abusive party to manipulate the process completely to the detriment of the other people or family members involved. My fear is there is a risk, if it is not done properly, that in the early stages a party who had witnessed sexual or domestic violence in a domestic setting would feel he or she had no choice, would be constrained or would feel that it would be very hard to avoid mediation, although everything else would scream against such a process with good cause.