Jillian van Turnhout (Independent) | Oireachtas source

She has an outstanding record in this area.

The Law Reform Commission report from 2010 contained 108 recommendations. I do not plan to read them all out but when one goes through the recommendations, what is interesting is that many of them have been done or are near completion because the profession itself can develop them and is doing the work in these areas. In this context, for example, it was recommended that the Courts Service should commission or prepare comprehensive information booklets on the process of mediation, that the form of regulation for mediators should continue to be self-regulation through a mediation professional body and that there be a code of conduct for mediators and that mediators must receive training and accreditation. However, other areas called for by the Law Reform Commission, some of which are really important, are all dependent on the Minister and the Bill being transposed into legislation. For instance, it would place on a statutory footing for mediation both domestic and cross-border issues. Moreover, as the Law Reform Commission has recommended, there is a need for a distinct form of privilege to be set for mediation and Members must ensure this happens. In addition, the panel of accredited mediators should be extended to the legal aid board because one should avoid the scenario whereby one can get mediation if one can afford it but not otherwise.

The message that mediation can save the Exchequer substantial moneys is demonstrated in the recent EU report, Rebooting the Mediation Directive, which highlights that if a 9% success rate is achieved in civil and commercial medication, it creates savings for the state. In Ireland, the Family Mediation Service has a 43% success rate and, in a recent survey, members of the Mediators' Institute of Ireland said they had a 56% success rate at the Equality Tribunal. Mediation works, particularly on a human level. I would like there to be an opportunity for all disputes to go to mediation and we should ensure a mediation information meeting is compulsory for all parties to attend prior to the issuing of court proceedings. Participation in mediation is voluntary and can never be mandated but an information meeting should be compulsory. Perhaps we watch too many American television programmes and we have only one picture of mediation but we need to understand how well mediation works and how important it is.

The book published by Ms Josepha Madigan clearly outlines family law. In such cases, we think of a parting husband and wife, their concerns for the children, maintenance and the family home. However, the type of cases coming before the courts is ever expanding. They involve unmarried parents, cohabitees, same-sex couples, grandparents with rights of access and donors of sperms or eggs for IVF treatment. In addition, the issues to be resolved are much more complex. Some reflect the current state of the economy such as applications to relocate. Another complicating factor is the increase in family cases involving one or more parties from outside the State, in which need cultural aspects need to be understood and addressed. Mediation can very much help in this regard.

A common factor in almost every family law case, however, according to Ms Madigan, is the emotional aspects such as hurt, disappointment, lack of trust and often anger. In this context, the adversarial system in our courts is a blunt instrument, limiting and often preventing the opportunity for positive communication between the parties. As a result, family law cases that go to court can cause further damage to the relationship between the parties and their children and such cases can be frustrating, stressful or both for all involved, including the lawyers and judges. Countries with a similar adversarial system to Ireland such as England, Australia, New Zealand and Canada have introduced non-adversarial mechanisms such as mediation as an integral part of family law proceedings. We need to catch up in this area. Legislative changes have been made here but what is contained in the heads of the proposed Bill needs to be implemented. All too often in family law cases, the voice of the child is not heard and his or her best interests are not paramount.

I hope the Minister of State has good news for the House. I am very supportive of the motion.