Mediation should be compulsory in family law cases where children's welfare is a priority, according to a recommendation made by Dr Carol Coulter, author of the Family Law Reporting Pilot Project.
Her report also recommended that the Minister for Justice should consider opening the family law courts to the press, subject to restrictions aimed at protecting the anonymity of the parties. And she called for the abolition, or expansion, of the income limits in the legal aid scheme to allow more people to avail of it.
Dr Coulter said that mediation was used in only about three per cent of people involved in family disputes.
She said that family mediators were not regulated and public knowledge of the Family Mediation Service was limited. By law, people seeking legal advice should be informed of the alternatives, such as counselling and mediation, but Dr Coulter said some solicitors treated this as "a formality" and there was no incentive for couples to seek mediation before turning to the courts.
She said mediation on child-related matters was mandatory in many jurisdictions. "Measures should be undertaken to oblige the parties in family law disputes to attempt mediation before going to the courts, especially where children are involved," she said. "It should also be possible for judges . . . to insist on a minimum number of mediation sessions taking place before a case could be placed on the list for hearing."
She also highlighted the value of collaborative law, which involves resolving family disputes with solicitors but without going to court.
Minister for Justice Brian Lenihan said he agreed with the need to make greater use of mediation. "I have taken it up with the Bar Council and the Courts Service already," he said. "Clearly our courts system is a very antagonistic way of resolving the unhappy differences that can arise between couples."
He said he would study Dr Coulter's arguments in favour of allowing the press to attend family law proceedings with certain restrictions. "I certainly have long been of the view that the more publicity we have the better. Of course in this area a balance has to be struck with the necessary need the parties have for confidentiality," he said.
Dr Coulter said there was widespread concern among judges and court staff about the cost of family law proceedings. A consent divorce could cost a few thousand euro in a Circuit Court outside Dublin but many times more in Dublin or Cork, she said.
She said there was a strong argument for the removal, or increase, of income limits for legal aid.
People with higher incomes would then make "a realistic contribution" to the cost, she said. Currently, only those with a disposable income of less than €18,000 qualify for legal aid.
Chief Justice John Murray praised Dr Coulter's "exceptional" pilot project and said the Courts Service Board had accepted her recommendation that the family law reporting project should continue for another year and be further reviewed. A team of young barristers will now provide the service as Dr Coulter has completed her work with the Courts Service and will shortly return to her role as The Irish Times'slegal correspondent.
The board also decided to establish a special committee to review the report and the implementation of its recommendations.
