Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 27:

In page 14, line 28, to delete "advise the client to consider mediation" and substitute "discuss the possibility of engaging in mediation".

Discussions with clients about mediation arose when we discussed judicial separation and divorce in the context of family law in sections 5 to 7, inclusive. The use of the term "advise" in this context goes against the voluntary ethos of mediation. Clients should be given the option of engaging in mediation. I provide this option while acting as a solicitor, rather than a mediator. Advising clients to consider mediation is not consistent with the principle of voluntary engagement. For this reason, I ask the Minister to amend the wording.

Deputy Ó Snodaigh referred to the voluntary ethos that applies to mediation. It is important that mediation is freely chosen. We do not want solicitors to compel clients to engage in mediation. Amendments could be introduced at another time to mandate information meetings but we certainly cannot mandate mediation. The current wording should be amended.

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