Mattie McGrath (Tipperary South, Independent)
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711. To ask the Tánaiste and Minister for Justice and Equality the steps he is taking to encourage more people to consider mediation as a means of resolving disputes outside of the court system and help reduce the backlogs; if he has considered introducing a family mediation voucher scheme to assist families meet the costs of mediation similar to the scheme introduced in the UK to help reduce the court backlogs following Covid-19; and if he will make a statement on the matter. [16962/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My Department published the Family Justice Strategy 2022-2025 in November 2022. The Strategy sets out the vision for a coordinated, consistent and user-focused family justice system, which helps children and families obtain earlier, appropriate resolutions in a simpler, fairer, and more effective way. It aims to achieve this through the implementation of over 50 actions across nine goals.

The Strategy emphasises the need to provide families with more information and supports, encouraging the use of alternative dispute resolution, where appropriate, to resolve problems. In particular, goal 4 of the Strategy aims to promote more co-operative, less adversarial ways for individuals, children and families to try to resolve disputes. This goal contains a number of actions relating to the role of mediation in family justice.

The Courts Service, as part of its family justice work, provides information on the potential use of mediation in family law, on its new Family Law Information Hub. It also signposts mediation on guardianship, custody, access and maintenance court forms.

In addition, under this Goal, the Legal Aid Board has provided training to its staff and those of the Courts Service to inform members of the public on mediation and the services available. It has also commenced a private panel of family mediators to supplement the work of the Family Mediation Service.

The Legal Aid Board plays a key role in the provision of mediation as a means of resolving disputes outside of the court system. To this end, the Legal Aid Board has introduced an Advanced Family Mediation Trainee Programme to train mediators to work in the family mediation area and to meet the current eligibility criteria to apply for a position as a family mediator in the Legal Aid Board. Nine trainees have completed this programme.

Additionally, through its free family mediation service, the Legal Aid Board helps separating couples and parents whose relationship has broken down to reach an agreement. Facilitated and assisted by a trained mediator, couples can negotiate their own terms of settlement during what is a stressful and difficult time.

The formation of the Mediation Council of Ireland is a key component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play an important role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.

Before a Ministerial Order can be made to designate a body as the Mediation Council of Ireland, the Mediation Council will first need to be established in its full membership of not less than eleven members, of which six, including the chair, must be public interest members. The Council must also act under its own agreed terms of association, as intended by the Oireachtas under the relevant legislation. To that end, a plenary meeting of the sector was held in early 2024, with the support of the Legal Aid Board, and with senior officials from my Department in attendance.

This meeting agreed a clear map of direction that the mediation sector along with support from my Department can work towards. A Mediation Council Shadow Group has now been convened by the Legal Aid Board, with the support of my Department, and comprises representatives of mediation interests. The first meeting took place in June 2024. The agreed terms of reference provide that the group will principally work to establish a body as envisaged by Section 12 of the Mediation Act, 2017. The terms of reference further provide that the Group will:

• review and agree arrangements for research;
• consider how to maintain and develop standards in the provision of mediation, to include a system of CPD training;
• develop a common Code of Practice, with potential input and involvement as needed from other statutory bodies;
• consider how a Register of Mediators could be established, maintained and would operate;
• consider and agree the criteria for the eleven members of the Council (and be reflective of the criteria set out in the Schedule to the Act); and,
• seek to work with the Department of Justice with the aim of bringing forward the case for an alternative funding model.