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Courts Service

Dáil Éireann Debate, Wednesday - 17 April 2013

Wednesday, 17 April 2013

Ceisteanna (200)

Thomas P. Broughan

Ceist:

200. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to provide additional resources to the Courts Service to provide for the expansion of family mediation services in courts throughout the country following the success of the pilot mediation project in Dolphin House, Dublin 2, in order to reduce the number of individuals involved in family law disputes coming before the courts; and if he will make a statement on the matter. [17937/13]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the mediation service referred to is available in Dolphin House in Dublin, in Naas District Court and in Cork District Court. The service does not have staffing implications for the Courts Service. The Courts Service is happy to support its extension to other venues around the country subject to the availability of on site facilities, e.g. sufficient consultation rooms. The mediation service that is being provided is provided by the Family Mediation Service and the Legal Aid Board.

As the Deputy may already be aware the Dolphin House mediation initiative commenced on 21 March 2011. The project’s objective was to offer an alternative to a courts determined outcome and a more appropriate means of resolving certain family disputes through, in the first instance, offering mediation information to persons who have made contact with the Courts Service with a view to issuing proceedings in relation to access, custody or guardianship matters. A formal mediation process is then offered to parties willing to engage. Legal advice is also available.

The net annualised saving from the initiative comes to over €113,000 largely from the overall savings to the courts as a consequence of such cases being re-directed. To date there have been over 500 mediated agreements resulting from the process. The Steering Group overseeing the initiative concluded as follows:

- There are clear cost benefits arising from the initiative and there is potential for further capacity and further savings solely from the current initiative;

- These cost benefits would be increased significantly if the initiative were extended;

- There are considerable individual, system and societal benefits to this approach;

- Based on international experience this approach has the potential to have a significant impact for people involved in family disputes. Benefits extend beyond the parties to the dispute, notably to children, families and even to society;

- It also has the potential to impact quite significantly on the administration of justice in family law cases. Notably, it can impact on the number of cases going through the courts system;

- It has real potential to speed up the resolution of disputes and to do so more cheaply than through the courts process;

- It generates considerable ‘down-stream’ savings on other State services;

- It is an excellent example of the benefits of State bodies providing related services taking an integrated approach.

I am particularly conscious of the potential benefits accruing from an integrated approach to seeking to resolve certain family law matters. This was the main reason for the Family Mediation Service being merged with the Legal Aid Board. There is a recognition that considerable synergies can be achieved through the merger and in order to further facilitate achieving these the Board is now funded through a single grant in aid. This allows the Board to make adjustments in spending within its overall budget that it feels will take best advantage of the two areas of work now sitting within the same organisation.

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