Written answers

Thursday, 6 February 2014

Department of Justice and Equality

Courts Service

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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146. To ask the Minister for Justice and Equality the steps he is taking to improve the efficiency of the family law courts; and if he will make a statement on the matter. [6157/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a separate family law court structure that is streamlined, more efficient, and less costly. I initiated a consultation process with interested parties in relation to the establishment of family law courts and in that regard hosted a seminar in July 2013 to discuss how such courts might operate. An eminent judge from the Australian Family Court attended the seminar and shared experiences of their system. The outcome of the seminar will feed into the process of designing the most appropriate model of family law courts for Ireland and this is currently under consideration in my Department, including the question of holding a Constitutional referendum in that regard.

I am pleased that Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 was commenced on 11 January 2014, allowing bona fide representatives of the press to attend family law and child care court proceedings subject to strict conditions. Enabling the media to have access to, and to report on, these cases will provide valuable information to the public, judiciary and the legal profession on the administration of the law by the courts in these important areas.

I also look forward to the enactment, in the coming year, of the Mediation Bill which will promote mediation as a viable, effective and efficient alternative to court proceedings. The aim of the Bill is to increase the use of mediation in civil disputes which will have the effect of reducing legal costs and speeding up the resolution of disputes. The Bill will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process. The Bill will also set out in clear terms the role of the mediator in the resolution of a dispute and will provide for the publication of codes of practice for mediators designed to set standards in relation to the practice of mediation.

This measure will further enhance a successful initiative between the Courts Service, the Legal Aid Board and the Family Mediation Service which has been operating in the Dublin District Family Law Courts in Dolphin House since March 2011. The objective is to offer a robust alternative to a court determined outcome and a more appropriate means of resolving certain family disputes through mediation. This project has resulted in a total of 916 agreements finalised without recourse to the courts in Dolphin House up to the end of October 2013. The project was extended to Naas from September 2012 and to Cork with effect from January 2013. There were 16 final agreements reached in Naas in 2013 while 35 agreements were reached in Cork up to the end of October 2013.

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