Dáil Éireann díospóireacht -
Tuesday, 23 Mar 1999

Vol. 502 No. 3

Written Answers. - Mediation Services.

Jan O'Sullivan

Ceist:

537 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform if information regarding the family mediation service is made available to clients in legal aid centres; if so, the way in which this information is made available to the public; if legal aid solicitors are advised to explain family mediation as a possible alternative to court action in family law cases; and if he will make a statement on the matter. [8070/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

All solicitors, including solicitors employed by the Legal Aid Board, are obliged when dealing with applicants who have matrimonial discord, to discuss with the applicant the possibility of engaging in mediation. This is a requirement under section 6 (2)(b) of the Family Law Divorce Act, 1996 (No. 33 of 1996) and section 5 (1)(b) of the Judicial Separation and Family Law Reform Act, 1989 (No. 6 of 1984). The solicitor is obliged to give the applicant the names and addresses of persons qualified in mediation services.

The solicitor is also obliged to discuss with the applicant both the possibility of reconciliation and of effecting a separation by means of a deed of separation and when dealing with an applicant for divorce, ensure that he-she is aware of judicial separation as an alternative.

Furthermore all applications for a decree of judicial separation or divorce before the court shall be accompanied by a certificate completed by the solicitor certifying that he has complied with the relevant provisions of the Acts in informing the applicant of available alternatives.

All solicitors employed by the board are aware and adhere to their statutory obligations in relation to the safeguards to ensure an applicants awareness of alternatives and to assist attempts at reconciliation.