Ms Eilis Barry:

We advocate that mediation be heavily resourced and that people be encouraged to make use of it. The essence of mediation, however, is people coming together, genuinely making an attempt to resolve an issue, and that there is an agreement to try to resolve that issue. The reality, however, is that some cases simply are not suitable for mediation. There may be an unequal level of power between the parties and there may also be allegations of assault or abuse. People may need speedy access to the courts for protection. The notion of mandatory mediation is just anathema to the concept of people's right to access the courts to protect themselves and their children.