Marie Moloney (Labour) | Oireachtas source

I thank the Minister of State for attending the House. I commend Senator Conway on bringing forward this motion. I will not pretend to be an expert in this area and I bow to the experience of my colleagues who have a far more in-depth knowledge about it. I could write what I know about law on the back of a postage stamp. Having read the motion and undertaken some research on it, however, I have found that there is currently no regulation of mediation services. That is why the necessary legislation would be most welcome.

Senator Conway's motion urges the Government to publish the relevant Bill. I support his call, while taking into account that pre-legislative scrutiny took place as far back as 2012. Let us not ignore that having a mediator and mediation can be effective. As part of civil proceedings, mediation could save an individual requiring legal intervention from costly legal cases, including family cases involving divorce, child contact in residence, as well as debt, housing, immigration, welfare and employment.

It is a constitutional right to have legal representation, which the State is obliged to provide to those who do not have the means to afford a solicitor. However, to acquire free legal aid services, the Legal Aid Board has laid out financial eligibility requirements. These deal with the uncertainty of acquiring legal services needed by a client. The Law Reform Commission recommended that solicitors should advise their clients to seek a mediator as an alternative to litigation.

In May 2014, Ms Karen Irwin said that not all solicitors necessarily know about or practise mediation. What they are giving is a definition as opposed to listening to what the case is about and deciding whether it is suitable for mediation, how long it might take and how much it might cost. One is really asking somebody to give an opinion on something about which they may know nothing. It has proven to be entirely unsuccessful in cases involving separated couples and this is why the mandatory information provision was introduced. Without it, the procedure did not work.

As we all know, divorce is one of the commonest cases in the courts. It is acknowledged that there is no such thing as a perfect family. Families comprise ordinary individuals, including husbands, wives, brothers, sisters and other relatives. They go through challenges and trials. Relationships break down and parents may separate or divorce. Parents and children may have disagreements, while siblings may dispute over financial and property matters. Families in conflict seek resolution to complex problems they may have been facing and struggling with for years. Mediation grants valuable support and empowers families in conflict, especially those with little money, to make their own decisions and reach balanced agreements of benefit to both parties involved in the legal spat. In time, it can mend the emotional issues brought forth by discord.

We are all well aware of the importance and impact of mediation in industrial disputes. Without the Labour Relations Commission and the services of a rights commissioner, many a dispute would have dragged on when it seemed there was an impasse. Indeed, one of the most highlighted impasses in recent years concerned the Haddington Road agreement. Without the intervention and services of the chief commissioner of the Labour Relations Commission, Mr. Kieran Mulvey, it may not have been possible to get that agreement over the line.

In many cases, mediation can be a quicker and cheaper option for people.

However, it is vital that mediators are properly trained as people are entitled to the best service possible and without regulation, this may not always be the case. In most cases of family law, the issues can be very sensitive, traumatic and have a major effect on people's lives. It is imperative that the mediators know their stuff and give the best service possible while ensuring fairness and equality are paramount.

People who use the services of a mediator must have recourse to appeal or complaint if they feel they have not been represented properly or have been unfairly treated due to the fact that a mediator was not fully trained. Without regulation there is no course for complaint. I ask that the Minister of State bring forward this legislation without further delay. There is not much time left for the Government and we would like to get this through.